If my husband is demanding that I leave the house with my2 sons and elderly mother, what are my rights?

UPDATED: Jan 5, 2012

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If my husband is demanding that I leave the house with my2 sons and elderly mother, what are my rights?

My husband is demanding that I leave the house with my 2 sons, 15 and 19 in college and commuting. I am also taking care of my elderly sick mother at my home. I currently do not work for health reasons. He does not want to be part of this family and he wants us to leave. What are my options?

Asked on January 5, 2012 under Family Law, Texas


Phyllis E. Rubenstein / self-employed

Answered 11 years ago | Contributor

Your husband cannot force you to leave.  If you are the primary care provider for your sons,  a Court would allow you to remain in the home.  Does you husband intend to care for your elderly mother or have her leave as well? Questions to consider include:  Did you purchase the home during the marriage or did one of you own it prior to the marriage? 

You can suggest to your husband that you go to mediation to discuss who will remain in the household.  If he refuses to go to mediation and you want to get divorced, you can file a Summons and Complaint for Divorce and a Motion for Temporary Possession of the Marital Residence and ask the court to order that your husband vacate the marital residence.

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