Question

  05/09/12, 1:01 pm
My wife is having an affair and I have asked her to stop and for us to see counseling. She didn't show up for the session and refuses to stop. I want to divorce her but she's asking me to leave the house. My councelor told me to stay until divorce is final. Can my wife legally kick me out of the house?
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United States   |   Texas  |  Divorce Law
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Answer

Nancy Lorenzen Says:

May 18,2012 11:13 AM

If you don't want to go, she's going to have to get a court order to kick you out of the house. If she can show a judge a good reason why you should be forced to leave (abuse, destruction of property, etc.) then she can get that court order. But without it, especially if that house is community property,. she's stuck with you until things are finished. That isn't to say that you shouldn't consider moving out if you're getting a divorce and you expect that she will end up keeping the house for whatever reason. It's just that you can't be forced to leave without a court order.

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Nancy Lorenzen
Lorenzen Law Office
701 N. Central Expressway Building 3 Suite 100,Richardson, TX 75080
214-466-8527
http://www.lorenzenlawoffice.com

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