Dallas, TX asked in Divorce, Real Estate Law and Family Law for Texas

Q: In texas finalized divorce if a party who was given inclusive right and use a property does not vacate at the end

Of their time the judge awarded them can the other spouse evict them and a JP Court or do they have to go back to the court that granted the divorce

If the plaintiff does decide to file through the JP Court and is successful in the eviction can they later on file a contempt motion in the Family Law Court the divorce was settled and ask for damages solely on the reason that at one time you had to evict them

1 Lawyer Answer
John Cucci Jr.
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A: Great question.

If the Divorce case is still active, you can go to your judge and file a motion to dispossess (evict), your ex.

If you bring a copy of your divorce case Order which states that your ex must leave after a certain amount of time, you can go to Eviction court to evict also. I think the safer move is to go to the divorce court with a restraining order or Motion to remove your ex.

Good Luck!

1 user found this answer helpful

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