Divorces are among some of the more difficult matters people find themselves having to go through, but they only get harder when the couple involved is still living under the same roof. If you are seeking a divorce from your spouse in Texas, whether it is because he/she committed adultery or your relationship has run its course, and you need to get them out of the marital residence, there may be a way—and the Texas divorce attorneys at the Law Offices of Gary A. Ortega, P.C. can help you.
Under certain circumstances will a court order one party in a marriage to leave the marital residence while the couple is going through a divorce. In most cases, the party seeking the order must be able to prove that having his/her spouse there puts them at risk of being harmed. Courts typically won’t issue a court order to remove a spouse simply because the other party doesn’t want them there. The fact is, if you both own the home, then you both have the right to live there.
If you are interested in discussing obtaining a court order that would require your spouse to move out while the two of your go through the divorce proceedings, you can call 956-541-4838 to speak with an experienced Brownsville, TX divorce lawyer.
If I am successful at obtaining a court order to remove my spouse from our home, does that mean I own it?
Not exactly. If an order is issued, it will only remove your spouse temporarily. If your home is owned by both you and your spouse, it is considered community property and is subject to division. While it is common for a judge to order both parties to sell the marital residence and split the proceeds, this isn’t easily done when children are involved.
In the event a couple does have children together, the court may be open to allowing the party who is awarded more time with their children to continue living in the marital residence. The State Bar of Texas says that the judge may decide that the house must be sold once the youngest child reaches the age of 18 and the proceeds are divided.
Now, if you need help obtaining a court order to get your spouse temporarily out of your home or you are ready to initiate the divorce process, the Brownsville, TX divorce lawyers at the Law Offices of Gary A. Ortega, P.C. are ready to help you.
You can reach the Law Offices of Gary A. Ortega, P.C. at:
424 E. Jefferson
Brownsville, TX 78520