If I’ve filed for divorce but my husband will not leave the apartment, what are my options to make him leave?

UPDATED: Jul 23, 2015

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If I’ve filed for divorce but my husband will not leave the apartment, what are my options to make him leave?

Technically I own the apartment because he is not on the lease.

Asked on July 23, 2015 under Family Law, Texas


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

Answered 7 years ago | Contributor

Actually, until your divorce is finalized or the court issues an order regarding the exclisive use and possession of the apartment, your husband has every right to stay. This is true regardless of whose name is on the lease. The reason is that at this point your home is still technically considered to be the "marital residence". Therefore, make no attempt to lock him out or remove his belongings; you face egal consequences if you do.

That all having been said, if at some point your husband puts you in fear for your safety then you can seek an order of protection and, if granted, he will then be removed. And in an emergency situation, call the police ASAP.

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