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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-30-2005, 01:31 PM
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My husband and I live in the same house. The house is in my name and a friend of mine, but my husband's name is not on the mortgage contract. We both want a divorce, but we live in TX which is a community property state. He doesn't want to leave and neither do I and he wants me to sell the house, but I want to keep it. If I leave and move out will it be considered abandonment? What rights do I have as far as getting him to leave before the divorce papers are written up or do I even have any rights? Please advise on his rights and mine.
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Old 12-30-2005, 05:58 PM
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EHARRIS,

If Texas is a community property state and if you are married, I would think that the matrimonial home would still be up for equal division regardless of who's name is on the deed or mortgage.

If you want to remain in the home, why not purchase the other party share from them in a buy out that would include an absolute discharge from any future claims. This could form part of a separation agreement.
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Old 12-30-2005, 06:14 PM
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If I don't want to live in the same house with him, can I leave until the divorce papers have been drawn up or will I be slapped with abandonment?
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Old 01-03-2006, 10:49 AM
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EHARRIS,

Since moving out of the matrimonial home now could put your case on a whole new path (that you may not want to be on), please consider speaking to a lawyer in Texas before you make any decisions.

Lindsay
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Old 01-04-2006, 02:21 AM
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I thought it would generally be better if she moved out of the house now?
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Old 01-05-2006, 05:10 PM
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homer,

It depends on whether the party who is considering vacating the home wants exclusive possession.

In Ontario, if a party were to move out of a matrimonial home, this could be used against him/her. Opposing counsel could argue that since their client is the one who has been occupying the house since the date of separation, it makes more sense for his/her client to retain exclusive possession.

It also makes a difference when there is an issue with custody and access of any children. If one party moves out, arguments from opposing counsel regarding primary care of the children and the status quo of access could strengthen.

As I said in my previous post, deciding to move out of the matrimonial home is crucial, so one should really speak with a lawyer in advance.

Lindsay
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