QUESTION

Married for 46 1/2 years, husband left, house is in both of our names, does he have a right to come when ever he wants? Could I get support from him?

Asked on May 18th, 2019 on Family Law - Texas
More details to this question:
He has PTSD, drinks, takes to much medicine, had cancer between eye & ear & had radiation. I think he has to much going on with him & is depressed & he told me he didn't love me any more & moved out.
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1 ANSWER

Children Attorney serving Fort Worth, TX at The Law Office of Zoe Meigs, P.C.
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You could solve the problem of him coming over whenever he wants if you file for divorce and ask for temporary orders for you to have the temporary exclusive use of the home during the divorce.  After a hearing, the court will decide which of you is entitled to exclusive use of the home.  Ultimately the disposition of the home will be resolved in the divorce, but you would at least be able to keep him out while the divorce is going on.   You could also request temporary spousal support when you request temporary orders.  The court will look at both parties' income and the expenses of each to determine who pays and how much.  If he has an income greater than yours, you should request support.  With respect to post-divorce spousal maintenance, which is what payments from a former spouse are called in Texas, if you are unable to meet your minimum needs with your own income, then the court will consider ordering your husband to pay you spousal maintenance after the divorce is final.    
Answered on May 20th, 2019 at 11:14 AM

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