Q: Can I stay in the house if my husband moved out and can he turn off utilities before divorce in Texas?
I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed to stay in the house until we divorce, and can he legally turn off the utilities?
A:
Yes, you can stay in your marital residence even though he has moved out.
Yes, he can legally turn of utilities that are in his name before a divorce is filed.
Because you are also an owner of the home, you can turn the utilities back on in your name.
If you file for divorce, it is highly likely that divorce court has standing orders, or will issue an injunction, prohibiting either of you from turning off the utilities during the pendency of the divorce.
The utility company can, however, turn off the utilities if they are not paid for service. If you cannot afford to pay for the utilities, you will want to request temporary orders in your divorce case ordering your husband to pay the utility bills, or alternatively, to pay temporary support to you so that you can pay the utility bills.
Similarly, the mortgage company can foreclose on the home it the mortgage isn't paid. If you cannot afford to pay the mortgage, you will want to request temporary orders in your divorce case ordering your husband to pay the mortgage.
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