How to get a spouse out of the house if they wont leave willingly

This is a discussion on How to get a spouse out of the house if they wont leave willingly within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Country: United States of America State: Texas What needs to be filed or happen to get a spouse out of ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Nov 15th, 2010, 05:22 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default How to get a spouse out of the house if they wont leave willingly

Country: United States of America
State: Texas

What needs to be filed or happen to get a spouse out of the house if they wont leave willingly?
  Reply With Quote
Sponsored Links
International Law Issues?
Old Nov 15th, 2010, 06:13 PM   #2
Veteran Member
Country:  
Prodoggie's Flag is: UK
 
Prodoggie's Avatar
 
Join Date: Aug 2010
Location: Weigh a pie
Posts: 106

Default Re: How to get a spouse out of the house if they wont leave willingly

Quote:
Originally Posted by Unregistered View Post
Country: United States of America
State: Texas

What needs to be filed or happen to get a spouse out of the house if they wont leave willingly?


File for divorce and request exclusive use of the marital home. The other spouse will be given a date by which they must leave the home.
__________________
Have enough courage to trust love one more time. And always one more time. - Maya Angelou
Prodoggie is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 16th, 2010, 12:05 AM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: How to get a spouse out of the house if they wont leave willingly

You cannot force a spouse to leave a marital home. A court date will not accomplish that either. Only a divorce decree will accomplish that.

If you no longer wish to live with your spouse, you are free to move out yourself.

Even if you were to ask for exclusive possession of the marital home, a judge is within their discretion to deny it. Compelling reason would have to be given to force one spouse out of the marital home. That's usually only decided once a divorce is granted.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 16th, 2010, 12:12 AM   #4
Veteran Member
Country:  
Prodoggie's Flag is: UK
 
Prodoggie's Avatar
 
Join Date: Aug 2010
Location: Weigh a pie
Posts: 106

Default Re: How to get a spouse out of the house if they wont leave willingly

Quote:
Originally Posted by Unregistered View Post
You cannot force a spouse to leave a marital home. A court date will not accomplish that either. Only a divorce decree will accomplish that.

Not quite accurate. Certainly in OP's state (and many others) the other spouse can be ordered to leave the marital home BEFORE the divorce is finalized. I think you may have misunderstood my post, too.


Quote:
If you no longer wish to live with your spouse, you are free to move out yourself.
Very true.


Quote:
Even if you were to ask for exclusive possession of the marital home, a judge is within their discretion to deny it. Compelling reason would have to be given to force one spouse out of the marital home. That's usually only decided once a divorce is granted.

There need not be a compelling reason. And there need not be the finalization of the divorce.

In fact, quite often it can boil down to "who files first". It really can be that simple.
__________________
Have enough courage to trust love one more time. And always one more time. - Maya Angelou
Prodoggie is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 16th, 2010, 10:50 AM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: How to get a spouse out of the house if they wont leave willingly

OP: if you are considering divorce, speak with an attorney. Other than (whether false charges or real) accusing a spouse of domestic violence and petitioning the court for a TRO, divorce is the only way to remove a spouse legally.

If you are not considering divorce, there really is no way to legally get a spouse to leave the marital home, other than to commit fraud oneself.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Nov 19th, 2010, 02:21 AM   #6
Junior Member
Country:  
daisy0321's Flag is: China
 

daisy0321's Avatar
 
Join Date: Nov 2010
Posts: 9

Default Re: How to get a spouse out of the house if they wont leave willingly

Quote:
Originally Posted by Unregistered View Post
OP: if you are considering divorce, speak with an attorney. Other than (whether false charges or real) accusing a spouse of domestic violence and petitioning the court for a TRO, divorce is the only way to remove a spouse legally.

If you are not considering divorce, there really is no way to legally get a spouse to leave the marital home, other than to commit fraud oneself.
i agree.
daisy0321 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 5 replies and has been viewed 6151 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
BORDERS WONT LEAVE TJvanniekerk Civil Litigation 1 Jul 12th, 2013 10:09 AM
Tenant does not want to leave and wont pay rent either Landlord 610 Landlord vs Tenant Issues 5 Jun 29th, 2012 07:30 AM
Option To Purchase expired and tenants wont leave JTrinidad401 Landlord vs Tenant Issues 1 Apr 12th, 2012 02:23 PM
House is premartial property: How do I make spouse leave the home? Unregistered Divorce, Separation, Annulment 2 Mar 14th, 2010 03:37 PM
Wife wont leave house (Ireland) Unregistered Other Real Estate Law Matters 1 Feb 17th, 2010 08:59 PM


International Law Issues?


All times are GMT -5. The time now is 07:23 AM.