Can my wife kick me out of our home?

UPDATED: Sep 30, 2022

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Can my wife kick me out of our home?

She gets food stamps and health insurance from the government. We rent an apartment but she didn’t put me on the lease because she is afraid that we are going lose these benefits if the government finds out that we are married and I work. We got into arguments recently and I ended up me moving out for just for a few days to cool things down. Now she doesn’t want me back and she called the security of apartments complex to put restraining order on me so now I’m not allowed to into the apartment. Can she do that to me? What are my rights?

Asked on September 26, 2016 under Family Law, Texas


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

Answered 6 years ago | Contributor

Until there is a formal separation agreement in effect that addresses who has the use and possession of the apartment or a final decree of divorce establishes who gete the right of occupancy, the premises remains the "joint marital residence". This means that both spouses have the right to live there, no matter whose name is on the lease and no matter if 1 spouse moved out and now wants to return.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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