Can my current spouse and Ilive in the same household once we’re divorced?

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Can my current spouse and Ilive in the same household once we’re divorced?

Asked on March 13, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The most direct answer is "yes," you and your spouse can still live together once your divorced.  Because of economic reasons, many spouses have been forced to stick it out together even after the divorce is finalized.  However, you should keep in mind that cohabitation can have potential consequences later.  For example, if you were awarded the house in the decree, but your spouse continued to make the house payment--this could be considered income.  And then... if you decided to "rekindle the romance", your spouse may get the impression that ya'll have reconciled.  This is incredibly important because Texas recognizes "common law" marriages which only require:  an agreement to be married, cohabitation, and and a holding out to others that you are married.  If you continue to live with your spouse-- it might look like a common law marriage to others.  She may then decided to file for divorce again and ask for a part of the money she put into the house to be returned to her.  So... even though the most direct answer to your question is "yes," remember the saying "buyer beware."  You might end up getting more than you bargained for in a new roommate agreement.


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