If my wife wants a divorce but I don’t, can she have me removed from the house?

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If my wife wants a divorce but I don’t, can she have me removed from the house?

We have an 11 year old daughter. We both legally own the house we live in. She wants me to move out. I don’t want to. I want to stay in the house until we can decide what to do with house. She isn’t working (collecting unemoyment) and I have a commission only job. I am paying the mortgage from my savings and the household bills. There is no hostile environment.

Asked on November 17, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is entirely possible that if your spouse wishes a dissolution of your marriage and you do not that she can file a petition with the court seeking possession of the unit that you both occupy. If such happens, I suggest that you consult with a family law attorney to assist you in trying to resolve the dispute.


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