Can one spouse have the other spouse evicted from their jointly owned home if they want a divorce?
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Can one spouse have the other spouse evicted from their jointly owned home if they want a divorce?
My husband wants a divorce after 20 years of marriage and I am refusing to give him one/move out. We bought a home together 9 years ago, both of us signed the paperwork. I have been a homemaker for the past 9 years and have not contributed to the mortgage payments (had to be home due to son’s issues).
Asked on April 24, 2012 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, he can not have you evicted from your home. And understand something: money earned during a marriage is marital money and considered a marital asset. Plus the courts recognize that a stay at home Mother contributes to the family just as does a working dad. The house is yours as much as it is his. Now, if he filed for divorce he can ask the court for exclusive use and occupancy of the home AS CAN YOU. Please get legal help. Good luck.
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