If my husband and I are seperated and our house is in both of our names, what are my rights exactly?

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If my husband and I are seperated and our house is in both of our names, what are my rights exactly?

I’m the 1st borrower and he’s the 2nd. He has been living some where else but came busting the door in and claiming this is his house and telling people to leave, after he’s been gone for 2 months. Can he do that?

Asked on January 20, 2013 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country absent a court order to the contrary your husband who is on legal title to the jointly owned home that you have written about is entitled to possession of it and to reside there. The other exception from him doing what he did is if he signed a written lease agreement with a third person or an agreement with you that he would not be claiming possession of the property for his own use.

From what you have written about, you and he need to sit down and try and resolve the problem.


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