Can You Evict Your Spouse? Understanding Your Rights and Legal Options

Can You Evict Your Spouse? Understanding Your Rights and Legal Options

Ending a marriage is never easy, but it’s even more complicated when you and your spouse don’t agree on who can stay in the marital home. 

When you cannot live with your partner anymore but neither of you wants to move out, you need legal advice. Can you evict your spouse in Texas? What are the laws on kicking someone out of your house in Texas? This article reviews what you need to know before you change the locks.

A skilled Fort Worth divorce lawyer from Mims Ballew Hollingsworth (MBH) can guide you through conflicts over living arrangements. Here’s what you should know before you attempt to evict your spouse.

Can You Legally Evict Your Spouse in Texas?

When can you kick your spouse out of the house? Texas law does not allow you to remove your spouse from your home without getting a court order from a judge. 

If you share a family residence, you need a valid reason to evict your spouse. For example, a judge may require your spouse to leave your home while issuing a protective order. You might also be awarded the family residence during the division of assets in a divorce.

When Eviction Becomes an Option: Specific Circumstances

Maybe you want your spouse to move out because you just can’t get along and are tired of fighting. Or you might worry that your spouse is out of control and fear what could happen if tensions escalate. 

Unfortunately, these reasons are not enough to evict your spouse, according to Texas eviction law. When can you evict your spouse temporarily? There must be instances of domestic abuse or an imminent threat of danger.

Protective Orders and Exclusive Residency Rights

A common question when filing for divorce is, “Can my wife kick me out of the house?” Texas Family Code §85.021 states that exclusive possession of a residence may be temporarily granted to one party. This can occur regardless of which spouse owns or leases the residence.

To gain exclusive residency rights, one spouse must first show that the other committed acts of domestic violence or that there is an imminent threat of domestic violence. Next, they must obtain a protective order that prohibits the offender from going to or near the residence.

Lockouts in Marriages: Navigating the Legal Boundaries

Is locking someone out of the house abuse? In and of itself, this action is not considered abusive, but there can be consequences if you don’t have the legal grounds to do so.

You might wonder what to do if your spouse locks you out of the house illegally. A lawyer can help you understand your rights and take appropriate legal action.

The Eviction Process for Spouses in Texas

For a temporary eviction during divorce proceedings, you can obtain a protective order. If you want to evict your spouse permanently, the best way to do so is through the division of assets in a divorce, wherein you are awarded the family residence. 

What if your spouse still hasn’t moved out by the time your divorce is granted? If you want to avoid penalties, you must follow legal processes for eviction. This starts with providing a notice to vacate. Depending on your housing situation, you’ll have to give a 3- to 30-day eviction notice for spouse departure.

Seek Expert Legal Advice on Spouse Eviction From MBH

Conflicts over marital property are common during divorce, especially in high-net-worth cases. Can you evict your spouse before the divorce is final? Only if you have a protective order.

If you’re looking for help from a collaborative firm that provides comprehensive family law services, turn to MBH. Contact us now to learn more about spousal eviction in divorce.