Legal Question in Family Law in Texas

I live in Texas, a friend of mine husband just walked out on her, their son, and took the money out of the bank account. My friend lives in a house on property owned by her mother. He is telling her that because they have not signed the divorce papers (which he is refusing to sign) that he can go back anytime he wants to and live there with her. Because he walked out on her and it is her moms place, if she says no he legally can't set foot on her property right?


Asked on 9/14/13, 5:02 pm

2 Answers from Attorneys

Not necessarily. If that is his "home" then a judge has to order him evicted or kicked out of the house.

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Answered on 9/15/13, 10:14 am
Fran Brochstein Attorney & Mediator

She needs to talk to her attorney!

Did the attorney ask for temporary orders? If so, usually the judge excludes the spouse from the residence.

If the attorney did not ask for temporary orders initially, perhaps this case has escalated and if the husband is going to ask like a jerk, she needs temporary orders.

Many times an attorney won't ask for temporary orders because initially it appears that the divorce will be quick and easy. Also, seeking temp orders implies a long divorce and is more expensive. Perhaps your friend did not want to spend the money. I cannot address any of that because I don't know the facts. Only your friend (or her attorney) knows the facts.

She can certainly call the local policing agency (police, constable, sheriff) if he comes on the property. If he causes a problem, he will be arrested. Unfortunately, people behave badly during a divorce.

Just because he walked out, does not mean he cannot re-enter the property. Just because it is her mom's property, does not mean he cannot enter the property. It is his former residence. This is where the law gets complicated. It's just not an easy answer to your question. Sorry!

Your friend needs to talk to her attorney. If she does not have one, she desperately needs one today!

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Answered on 9/15/13, 10:17 am


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