Austin, TX asked in Criminal Law, Real Estate Law and Domestic Violence for Texas

Q: Can my mother in law kick her husband out of her home if she is the sole owner of said home?

My mother in law recently brought her husband to texas from jamaica, legally of course. They were married in jamaica and i am not exactly sure the path she took to bring him over here. She is the sole owner of both the home she just purchased and the home she has had for years prior to them getting married. She is currently trying to kick him out of her new house they just moved into because he she believes he has been unfaithful. Is it legal for her to force him to leave if she is the sole owner of both homes? As he has shown a propensity for angry and destructive outbursts (none of which have been reported to the police) do i have the legal ability to step in and make him leave if she asks me to do so? As the legal owner of a handgun am i allowed to use said handgun to force him to leave if need be? If worst case scenario he continues to refuse to leave and continues to behave aggressively do i have the legal right to use lethal force if he forces my hand in the matter?

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: No, not without an eviction. If you threaten him with a firearm, you will commit Aggravated Assault with a Deadly Weapon, which is a felony of the second degree punishable by up to 20 years in the state penitentiary and a fine up to $10,000. If you actually shoot him then you could be facing 5 to 99 or life. And proper legal defense against such a charge will cost much more than $10K.

Instead, your mother-in-law should file for eviction at the proper Justice of the Peace court. Each county is divided into several "precincts" so be sure to look up the proper precinct court for the address of the home. It takes a while to do a proper eviction but once it is granted, law enforcement officers will remove him if he refuses to leave.

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