There are numerous issues that may arise when evicting a spouse during separation. In most states, before spouses can file for a divorce, they are required to separate for a specific amount of time.
Marital separation can be difficult if the individuals cannot financially support two households while living apart. This can create numerous issues for individuals who are already at odds with one another.
In some situations, one of the spouses may try to evict the other spouse from a marital home. An eviction happens when someone is legally ordered to leave a property.
Although an eviction can be clear in the context of a landlord and a tenant, it can be harder to get an eviction order if the individuals are married, especially if they both contributed to the home purchase or if both spouse’s names are on the deed.
Even if one of the spouses did not help with the house purchase or their name is not on the deed, they can still be allowed to live in the home during the marital separation period. This can make a situation worse when the spouses are trying not to get a divorce but need time apart.
It is important to note that, even if a spouse is evicted during the separation period, it does not mean that the spouse who does not own the marital home will be allowed to keep it when the divorce is finalized. Because of the nature of separation and divorce issues, it can be in an individual’s best interests to consult with a Texas lawyer for advice on separation laws and evictions in the state.
When Is It Possible To Evict My Spouse From Our Texas Home?
There are a few situations in which a spouse may be able to evict the other spouse from their marital home. Two common scenarios are discussed below.
If there is evidence of domestic violence or abuse
If one of the spouses is able to show that there have been incidents of domestic violence or that their spouse has abused them or their children, the court may evict the abusive spouse from the marital home. This can occur even when the home is classified as community property.
In order to start this process, the spouse suffering abuse should file a motion for a temporary restraining or a protective order. If an individual feels especially threatened or that their life is in imminent danger, they should contact local law enforcement or file a petition for an emergency protective order.
If the marital home is considered separate property
If a marital home is classified as separate property of one of the spouses, it might be easier to evict the other spouse from the marital home. Typically, however, a marital home is considered to belong to both spouses, regardless of who owned it first.
This means that a spouse would have the best chance of evicting their partner in a situation where they owned the home before the marriage. In some cases, a spouse may be able to show that they own the home outright by showing the deed, title document, or other document that shows they either paid for the home themselves or owned it outright and the other spouse did not contribute.
To find out more about evicting a spouse from a marital home, it is important to have a legal consultation in Texas.
What Issues Are There in Connection With Community Property and Common Law in Texas?
Before a spouse can evict the other spouse from the marital home, the spouse who is petitioning will need to be aware that Texas is a community property state. This means that property that the spouses acquired during their marriage will be considered to equally belong to both spouses.
However, as noted above, a spouse may be able to show that their home is separate property. This can be done by showing that one spouse purchased the house before their marriage or they were given the home as an inheritance.
It is also important to be aware that there are some situations in which a marital home can still be considered community property even if one spouse bought it before the marriage. If the deed to the home names both spouses as owners or if the house was bought with funds from a joint bank account, it will be considered marital property owned by both of the spouses.
No matter whether property is determined to be separate or joint marital property, it will be divided when the spouse’s divorce is finalized. A court will consider the assets that are owned both jointly and separately by the couple and determine the most fair way to divide that property.
There are numerous factors that courts can review to ensure the fairest division possible, including:
- How long the spouses were married
- Each spouse’s income
- Each spouse’s potential future earnings
- The standard of living the couple had during their marriage
- The physical well-being, age, and mental health of each spouse
- If one spouse contributed to their spouse’s future earning potential by providing them financial support, such as paying for education or supporting the family while their spouse attends school
In Texas, What Are the Steps To Evicting a Spouse During Separation?
In the State of Texas, a spouse simply cannot evict their spouse during marital separation. They will need to obtain an order from a court, even when domestic violence has occurred.
In Texas, a spouse has to file for divorce and ask for a temporary order that gives them exclusive use and possession of the marital home. The specific divorce laws in Texas will govern what options are available and what steps can be taken.
As previously noted, a spouse may be able to request a temporary order that requires the other spouse to vacate their marital home. There may be specific rules in a jurisdiction that dictate how long these orders can last.
If a Texas spouse is able to file a request to evict their spouse during their separation, it does not necessarily mean that the petitioning spouse will be able to keep the home after the divorce is finalized. If a spouse or their children have endured domestic violence, they can also ask the court for an emergency protective order (EPO).
Even though EPOs are only meant as temporary protective measures, they can be powerful tools that a spouse can use until they can get a more permanent order from a court. Texas lawyers can help spouses determine what options are available in their specific circumstances.
Should I Discuss Evicting a Spouse During Separation With an Attorney in Texas?
If you have any questions or concerns related to evicting a spouse during their marital separation, it is important to consult with a Texas family law attorney. As noted above, if you are in an emergency situation, you should consult with local law enforcement.
Your Texas family lawyer can answer any questions you may have about evicting your spouse as well as help you complete any required legal documents and file them in court. Your attorney can also help you present evidence that the home is yours, if that applies to your case.
Your family law attorney can help you throughout the separation and divorce process, ensuring that your rights are protected and your property is fairly divided. You can use LegalMatch’s no cost lawyer matching services today in as little as 15 minutes to be matched with local Texas family lawyers in your area who can help.
