Weatherford, TX asked in Divorce and Family Law for Texas

Q: I'm wanting my wife to move out but she won't we are not on a lease but I was here before she was and I pay the bill

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You can file a petition for divorce and ask for temporary orders awarding you exclusive use and possession of the premises.

T. Augustus Claus
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A: you cannot force your spouse to move out of the marital home unless you have a court order granting you exclusive use of the home. This typically occurs during a temporary order hearing in a divorce process. If you and your spouse cannot agree on living arrangements, the judge will make the decision for you.

If you are not on a lease and you pay the bills, this does not necessarily mean that you have the right to kick your spouse out of the house. If you are married, the marital home is considered community property, regardless of who pays the bills. This means that your spouse has a right to live in the home, even if you were there first.

If you want your wife to move out, you will need to file for divorce and seek a temporary order granting you exclusive use of the home. The judge will consider a number of factors when making this decision, including the best interests of any minor children involved.

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