How do I kick my spouse out the house?

In Texas, save and except very specific circumstances, the court is not going to kick your spouse out of the marital residence so do not hold your breath. 

When individuals file for divorce they want to achieve peace and freedom as quickly as possible from their spouse, but unfortunately that goal is usually not obtainable for most individuals who file for a divorce by means of kicking their spouse out of the marital home. 

To understand when you can kick a spouse out of the marital residence read below:

1. What is the exception to kick my spouse out of the house during a divorce?

If there is a final protective order in place that prevents your spouse from residing in the residence, then a family courts could consider the protective order as evidence to prevent the your spouse from having access and use of the residence during the divorce process. 

2. Can I kick my spouse out the house if I purchased the house before the marriage?

Not for temporary orders because the residence is still considered the martial residence, even though it is your separate property.

However, as long as you present the necessary evidence at final trial, your separate property will be confirmed as your property.

3. Can I lock my spouse out of the marital residence?

No, you cannot lock your spouse out of the marital residence unless you are given the exclusive use of the residence during the divorce process by a Court Order or agreement between the parties. 

4. Can I kick my spouse out of the residence if they do not want to help with the household bills?

The court is going to look to maintain the status quo of about who has been paying prior to the divorce being filed, so although you cannot kick your spouse out of the home, you can ask on temporary orders that the status quo be maintained and they contribute to the bills they were paying prior to the divorce being filed. 

Divorce can be stressful, especially a contested divorce, so be sure you speak to an attorney about what your options are to minimize your stress during the divorce process. If your marriage has come to an end and it’s time to close this chapter of your life please contact our office to learn how our office can be of service to you. 

You can also book a session with Attorney Ashley Green on Divorce Coaching before you decide to file for a divorce. The Divorce Coaching program consists of a 3-hour online private coaching session. Contact our office to learn more. 

Attorney, Ashley Nicole Green is a divorce attorney in Houston, a divorce attorney in Fort Bend, a divorce attorney in Brazoria, a divorce attorney in Matagorda, and other surrounding counties that is here to help you protect your assets! Contact the Law Office of A. Green today to book a free case evaluation!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com