If my wife has asked me to leave and threatens divorce, will I loose all rights to the house if I do?

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If my wife has asked me to leave and threatens divorce, will I loose all rights to the house if I do?

Both or names are on the house, the mortgage is in mine only. Should tell her that I have just as much right to be there as she does. I’m hoping all this will blow over in a few days but just in case it doesn’t, I’m not sure what I should do to protect myself.

Asked on November 18, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Until a divorce decree is issued or there is a court order or separation agreement in effect, you both have equal rights to the house since it is still considered to be the "marital residence". This is true no matter whose name the deed is in.
Additionally, it's not a good idea to leave until there a separation agreement or the like in place that addresses just who has the use and control of the residence. If you leave, this fact might be used against you. Additionally, she could obtain a court order and get exclusive occupancy of the house which could mean that she would be allowed to live in the house and prohibit you from returning.
At this point you should consult directly with a local divorce attorney as they can best advise you further.


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