| Texas:
Who gets the house and who has to move out?
You and your spouse should decide who leaves and who stays. If you cannot agree, then the only legal option is to file for divorce and let a judge decide. It can take several weeks to get in front of a judge to decide such issues once a divorce petition is filed.
Except in certain cases involving family violence when a protective order is sought, a family court judge will not force someone to move out of the house without a hearing where both sides can be heard. This means that for a few weeks, you may be sharing the house with the spouse you are divorcing. This can be very awkward or even dangerous, so it might be best to temporarily move out and stay with a friend or family member until your court hearing. If you do so, the judge can order that your spouse move out and allow you to move back in.
In virtually all cases, the judge will order that one of the spouses will have exclusive use of the house on a temporary basis while the divorce is pending. Later, the house will be awarded to one of the spouses or sold.
For more info:
[URL="http://www.enoslaw.com/PracticeAreas/Divorce.asp"]http://www.enoslaw.com/PracticeAreas/Divorce.asp[/URL] | 
05-12-2006, 04:35 PM
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