QUESTION

Can I be compelled to leave my residence if my spouse wants a divorce?

Asked on Apr 04th, 2014 on Litigation - Texas
More details to this question:
My husband has very suddenly decided that he wants a divorce and that he wants to keep our house (this is joint property bought when we were married). We have a 15 year old daughter who still lives at home as well. I do not want this divorce and am not being proactive since I am still hopeful that he will come to his senses. That said, can he file and ask for the house? He knows our daughter will not want to stay there with him if I am not there. I am hoping that any attorney that he speaks with will tell him that it is not a good idea and that my daughter and I should stay in the house until the assets are divided. If we do ultimately get divorced, I am more than willing to let him keep the house if he wants it (he can pay me my half of the equity), but I do not want to move out, even temporarily, until this is finalized. Also, he has family he can stay with temporarily, but I would have to pay for a place for me and my daughter to live in. Again, I prefer not to file since I do not want this divorce. We reside in Houston, Texas. There is not claim of abuse but my husband has been on anti-depressants for the last 12 years and suddenly stopped them about 3 months ago. He also would be considered by some to be an alcoholic (he easily drinks a bottle of wine a night), but he is well educated and has a good job which his alcohol abuse doesn't seem to interfere with. I am also college-educated and have a full time job. Neither of us is the sole Bread-winner. We both would be able to support ourselves on our individual incomes if a divorce did occur. I want to keep my family intact, not just in it to keep his "paycheck".
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1 ANSWER

Litigation Attorney serving San Antonio, TX at Graves Law Firm
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You will have a right to a hearing before being excluded from your house. Since your 15 year-old will be with you, you are more likely than your husband is to win the right to stay in the house pending final hearing of your divorce case. You'll need a lawyer, but you don't need to file for divorce yourself in order to preserve your rights. Good luck.
Answered on Apr 07th, 2014 at 10:44 AM

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