Dallas, TX asked in Divorce for Texas

Q: Will I lose any of my rights as homeowner if I move out before an agreement on the home is made between myself & spouse?

We have agreed we don't want to sell the house he says he is not buying me out wants to keep the house for our adult children to inherit but he wants to continue to live in the house. I will pay half the property taxes he will pay the mortgage and ins we have 4-5 years left to pay our house off. I just want to be sure I do not lose any rights over the house if I move out,

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You will not lose your rights as a homeowner. However, in my professional experience, in the event of a divorce proceeding, a spouse who has voluntarily moved out of the marital residence is rarely awarded temporary use and possession of the marital residence during the pendency of the divorce proceedings.

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