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Can a wife evict her husband?

 
 
echi
 
Reply Wed 15 Oct, 2008 06:38 pm
My sister is married with two kids (13 and 7). She and her husband have verbal battles all the time -- mostly over money. Recently, he has been threatening to kick her out -- so she has turned to me for help. I have no idea, so I'm turning to A2K.
Can he force her out of the house?
Can she force him out? (They live in Texas.)
If she does have the right to evict him from the house would he be required to help her financially? (He is the primary money maker.)
Thanks, you guys.
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Type: Question • Score: 9 • Views: 11,479 • Replies: 18
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roger
 
  1  
Reply Wed 15 Oct, 2008 06:40 pm
@echi,
In most states it is going to be a matter for the courts.
echi
 
  1  
Reply Wed 15 Oct, 2008 06:50 pm
@roger,
Sorry... I really don't know anything about this stuff.
I guess what I'm really asking is -- if she changes the locks and then he calls the police, will they let him come back?
I know she needs to get an attorney and all, but in the very short-term what can she do? Neither of them wants to leave -- they both want the other one out.
roger
 
  1  
Reply Wed 15 Oct, 2008 06:58 pm
@echi,
Now, I'm really guessing. Go ahead and change the locks. What happens, happens. Maybe not a good idea if he's violent, though. The weak point of a door is in the frame where the bolt enters the strike plate.

I wouldn't expect the police to do much except avoid the situation.
0 Replies
 
Foxfyre
 
  1  
Reply Wed 15 Oct, 2008 07:01 pm
In most--most likely in all--states, neither can evict the other without a restraining order authorized by a judge or via a separation ordered by a judge who will state which one remains in the house.
Rockhead
 
  1  
Reply Wed 15 Oct, 2008 07:04 pm
@echi,
In Texas, first one to the judge for an order wins...

(to start it)
roger
 
  1  
Reply Wed 15 Oct, 2008 07:37 pm
@Rockhead,
Sounds typical. Chances of putting the kids out on the street remain somewhere between slim and none.
0 Replies
 
cicerone imposter
 
  1  
Reply Wed 15 Oct, 2008 09:40 pm
@echi,
Your sister should seek free advise from a social service agency.
0 Replies
 
generaljin
 
  0  
Reply Wed 15 Oct, 2008 10:36 pm
@echi,
that's so easy question, who pay the money for the house, whom can still in the house, other one be out!
TTH
 
  1  
Reply Wed 15 Oct, 2008 10:44 pm
@generaljin,
Really? Can you state the law in Texas that says that?
roger
 
  1  
Reply Wed 15 Oct, 2008 10:51 pm
@TTH,
Not in any of the other 49 states, either.
0 Replies
 
generaljin
 
  1  
Reply Thu 16 Oct, 2008 01:29 am
@TTH,
i am not in texas, but i think the law always same in the world. in China, who pay the money, whom got the house. is it different in USA?
jespah
 
  1  
Reply Thu 16 Oct, 2008 03:51 am
@Foxfyre,
Foxfyre wrote:
In most--most likely in all--states, neither can evict the other without a restraining order authorized by a judge or via a separation ordered by a judge who will state which one remains in the house.


I'm not certain of the mechanics of it all but a restraining order would certainly smooth things along. She''d probably have to prove some sort of threat to her, though.

If they are still married, with no divorce or separation in the works, and no tangible threats against her person, she's going to have a very hard time extricating him from the property, which should be at least partly his.

She needs a lawyer. Yesterday.
Ticomaya
 
  1  
Reply Thu 16 Oct, 2008 01:28 pm
@generaljin,
generaljin wrote:
i am not in texas, but i think the law always same in the world. in China, who pay the money, whom got the house. is it different in USA?

Yes, it is differerent.
0 Replies
 
Ticomaya
 
  1  
Reply Thu 16 Oct, 2008 01:31 pm
@jespah,
Yes, jes ... my guess is file a legal separation, seek a temporary order giving exclusive use and possession of the residence to with wife. However, if there is a history of violence or threats of violence, I assume Texas has an order of protection procedure ("restraining order") that would give wife the possession of the marital residence -- at least for the short term. The latter process is by far the easiest, cheapest, and quickest. (... pretty much what Foxy said, huh?)

Can't just change the locks, rog. Bad idea.
0 Replies
 
BillRM
 
  0  
Reply Wed 22 Oct, 2008 10:20 am
@echi,
All she need to do is go file for a restraining order as most states hand them out like candyto women especially with regard to the temp orders and the court will most likely even grant her the children at least at first.

I love the system as I can remember my being served with such an order, when the only one who was hit in that married was myself and I even have two wititnesses to the assualt.

My lawyer at the time just told me to forget about fighting it and just go ahead with the divorce filings but that was before you would end up lossing such rights as owning firearms.
0 Replies
 
BillRM
 
  0  
Reply Wed 22 Oct, 2008 10:46 am
@echi,
Oh an amusing fact is that restraining orders are now so common a part of a divorces that when they took away, the subject of the order ,right to have firearms they found themselves looking at lossing 20 percent or so of police officers in this nation.

ATF did a fast tap dance and rule that an on duty gun is not cover by restrainings order bans on firearms in the case of police officers. They are however suppose to leave the weapons at the police stations when off duty.
0 Replies
 
Ironcastles
 
  2  
Reply Thu 5 Jan, 2012 01:31 pm
@roger,
According to Texas, which is a community property state, you can have a spouse evicted. However, this can only be done after the spouse signs over the house in the divorce property. After it is signed over, you can apply for an order of the court to evict the spouse. In some cases you can get a temporary eviction order until the property settlement is made in the final divorce decree.
0 Replies
 
Nooshabeh
 
  0  
Reply Wed 11 Apr, 2012 05:05 am
Similar ? Divorce proceeding w. husband. Left the court system after 6 month and 30,000 dollar didnt even get to temp custody. He is living in my condo in my name only (premarital) for the past 1.5 years while I live at my parents and pay 1900 a month for the condo. He wont leave until I give him concessions in the divorce and parenting agreement. Can I go to my condo with family and kick him out. Initially in trial, judge had asked him to leave the condo but no formal order was placed. Deed, mortgage, utilities are all in my name.
0 Replies
 
 

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