LAW OFFICE OF RYAN PUTZ | WHO MOVES OUT OF HOME

WHO HAS TO MOVE IN A DIVORCE? DIRTY DIVORCE TRICK TO GET SPOUSE TO MOVE OUT OF MARITAL RESIDENCE.

IN A TEXAS DIVORCE, NEITHER SPOUSE IS REQUIRED TO MOVE OUT.

The marital residence of the parties gets divided and distributed in the final decree of divorce, which happens at the very end of the divorce process. This means that both spouses can occupy the residence throughout the pendency of their divorce case unless the parties agree, or if the court makes temporary orders that gives one spouse the exclusive right to occupy the home and prohibits the other spouse from use and access of the home during the pendency of the divorce case. Speak with your divorce attorney if you are going through a Texas divorce where both spouses remain in the marital residence.

CONSIDERATIONS REGARDING WHO SHOULD MOVE OUT

It is likely that you and your spouse are not able to be amicable with each other when making big decisions like moving out the home. Divorces tend to be an emotionally charged, and the emotions tend to affect the decision-making process. If this is the case, especially when there are children, it is probably a good idea to request the court make temporary orders deciding the issue of which spouse moves out.

If a court makes orders regarding who gets to live at the home, the court will also consider several factors including the financial circumstances of the parties (who is in a better financial position to temporarily get a new place to live), if there has been any domestic abuse to anyone living in the household, and what is in the best interest of the children.

For example, let’s consider Joe and Mary, a married couple with two children attending an elementary school located two miles from the marital residence. Joe is the breadwinner and leaves the house every morning at 7:00 a.m. to go to work, and Mary takes the kids to school every morning before going to her part-time job walking neighborhood dogs and then picks the kids up from school after. Mary has requested the court make temporary orders to decide whether Joe or Mary has to move out. Given that Joe is financially more capable of getting a new place to live, there is no domestic abuse, and the best interest of the children are best served by continuing their normal routine, Mary is likely to prevail, and Joe is likely to move out.

DOES MOVING OUT THE HOUSE DETERMINE WHO KEEPS THE HOUSE?

Often, a spouse is reluctant to leave the home because they believe it will negatively impact the outcome of the case. Specifically, if they leave temporarily, the court will hold this against them when dividing the property. In the example above, this is unlikely to be the case because Mary is unlikely has the financial ability to “buy out” Joe’s share of the property. If a spouse wants to be awarded the property, they also must be able to assume the financial responsibility attached.

On the other hand, if you and your spouse can remain civil and amicable, then it may be a good financial and familial decision to continue residing together in the same house throughout the pendency of the divorce case. It really is best to speak with a reputable Texas Divorce Attorney regarding your situation before making any assumptions or making your situation more difficult than it already is.

DIRTY DIVORCE TRICK - TEMPORARY RESTRAINING ORDER

In my previous blog article, I discussed the purpose of Temporary Restraining Orders in Divorce and Family Law Cases, click here to check out that blog article.

Generally, temporary restraining orders do not restrain a party from the use and possession of a residence, quite the opposite. Temporary restraining orders typically restrain the parties from interfering with the other party’s use and possession of a residence. Many courts’ issue these temporary restraining orders automatically upon a party filing for a divorce, so when the other party gets served with divorce paperwork, it also includes the temporary restraining orders. You can see where this is going…

Legalese (legal language) can easily be misinterpreted and misunderstood after being served with divorce papers. I have seen on multiple occasions where a spouse had already “voluntarily” left the marital residence after being served with the divorce papers because the spouse who filed for the divorce used the legalese against their spouse, and essentially made the leaving spouse believe they had to leave under court order. DIRTY!!!!

If you are dealing with divorce, property division, child support, custody, or other family law issues in Texas, get legal help protecting your rights by contacting the attentive, reputable, and personable Houston divorce and family law attorney Ryan R. Putz.