When a divorce is final how long does the spouse not having rights to the house have to move out of the house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When a divorce is final how long does the spouse not having rights to the house have to move out of the house?
Asked on July 3, 2009 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Typically in a case such as this, absent a specific agreement or court order to the contrary, the time period would be approximately 30 days. Of course this could be extended or reduced by specific circumstances. For example is there someone with a disability involved or are their minor children, the time may be extended; if damage is being done to the premises or if property is being unlawfully removed, the time may be reduced.
Normal eviction procedures would not apply here; if the non-owner spouse does not move within the given time limit then the other spouse would have to make application to the court for their removal.
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If that hasn't been specifically negotiated, most courts would allow a reasonable time depending on the circumstances; ordinarily, I'd think that a month would be about as much as could be expected unless their were children being moved out as well.
That doesn't mean it will happen, and ordinarily the usual eviction procedures don't apply. If the ex-spouse doesn't move out, the owner of the house sometimes has to bring a motion to enforce his or her rights.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.