W. Tyler Moore, PC

In Divorce can a spouse throw the other out of a house

Can a spouse throw the other out of a house in an argument ?  Short answer is "no", even in a divorce situation. One spouse may seek to exclude the other spouse from the house only by court order.

In a divorce situation, if one spouse won't voluntarily leave, the only remedy is a hearing before a judge with the opportunity for both spouses to be heard.  If there is family violence, a spouse may appear before a judge and obtain a temporary protective order throwing the other out of the house.

Remember, personal safety is foremost. If necessary for personal safety, leave.  Hire an experienced divorce attorney to go to court and see about getting you the exclusive right to occupy the house during the divorce process.  Depending on the circumstances, this may even apply to the other spouse's separate property.

Talk to an experienced divorce lawyer like W. Tyler Moore at 5005 Woodway, Suite 201, Houston, TX 77056,  [email protected], if you have questions.

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