rights of the spouse who is being divorced

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rights of the spouse who is being divorced

My wife and I want to get a divorce, and we live in Wilson County, in Texas. We are planning to file, but have not yet. I just lost my job and she announced that she wants to go ahead and proceed with the divorce. Can she force me to move out since my name appears with hers on our deed?

Asked on May 6, 2017 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless and until there exists a formal separation agreement or final decree of divorce that states just which one of you has the exclusive rights to possession and occupany, the house remains the "joint marital residence". This is true no matter whose name is on the deed. Therefore you can remain in the house; you cannot be forced to move.


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