This blog is inspired by some cases and consults I have had where a spouse has gone out of their way to get their spouse to leave the marital home. Show
Many of the consults I meet with have a lot of concern regarding whether it was a good idea or not to either continue to live in the marital home or to leave. While there is no "one size fits all" piece of advice that can apply equally to all inquiring spouses, some factors are worth consideration across the board. To prepare our readers for what they might expect, we will explore the various ways some spouses have tried to trick their spouses into leaving the marital home. We will also discuss things you should consider before you agree to leave the marital home. Temporary Restraining Orders Used to Trick Spouses into Leaving the Marital HomeAfter being served with divorce papers that included a TRO, I have represented multiple spouses who had to leave the marital home. They did not understand what the TRO meant when they were served with the paperwork. Often, their spouse wanted them out of the marital home and helped their misunderstanding by telling them that a TRO meant they had to get out of the home, and if they did not leave, the police would be called, and they would be arrested. Changing the Locks on the Marital HomeAnother tactic I have seen used is changing the locks on the marital home and telling the spouse they are not allowed in the home. This has come up recently in two different consults. Consult #1In the first consult, the wife had changed the locks and told him not to come home. She had all of his financial documents and his driver's license. The mand wanted to know what he could do about it. After talking with him, I found he owned the home, and his name was on the deed. I told him he could either:
The husband was concerned with his wife calling the police on him. I told the man even she does; it's not against the law to break into your own home. Bring a Witness / Or Record Everything on Your Phone If she calls the police, I tell him not to worry about it. Remain calm and tell the police what was going on. If the man wanted to be cautious, it wouldn't hurt to have a friend come with him to witness everything. Failing to bring a witness, he could pull out his phone and record everything. If he does one of those things, it will make it difficult for his wife to make up a story that the husband attacked her or threatened her. Consult #2In the second consult, the reverse had happened. The husband had changed the locks on the apartment, and the husband wouldn't let her back into the apartment or let her get her things. I asked the wife whose name was on the lease. The wife informed me that only her husband was on the lease. It was the same apartment complex, but they had recently changed apartments, and when that happened, her name never made it onto the new lease. This made things a little more challenging because she probably would not get any help from the apartment manager for helping her get into the apartment. I suggested calling the police to at least come out because
The police officer may not want to get involved and tell the wife she needed to hire an attorney. If that were the case, the wife would have the option of either filing for:
Do I Have to Move Out Because My Spouse Told Me To?
Alternative Scenarios Where the Answer Is Not as Clear
Keep Your Children in Mind During the Divorce As discussed in our introductory paragraph, whether children are involved is perhaps the most crucial consideration. If your position is that your children need to continue to live in the home – and with you as a result – then it may be in your best interest to request that you be given exclusive use of the home. This is important strategically because what occurs at the beginning and middle of a divorce, such as you remaining in the home and your spouse living elsewhere, tends to end up happening ultimately. Temporary OrdersIn the timeline of a case, a temporary orders hearing is the first opportunity for both parties to appear before the judge that can potentially decide their fate post-divorce. As it pertains to asking your spouse to move out of the home before this hearing, if your spouse does move out and your kids remain with you, that is a considerable hurdle for your spouse to overcome in the hearing. Put, since your spouse has moved out, it looks like they are willingly leaving the children behind, which is something that a judge will most likely not look highly upon. This alone can cause a judge to name you the "primary" joint managing conservator, which allows you to choose the residence of the children in addition to having the aforementioned exclusive use of the home. Finalizing the DivorceAs a case moves towards its conclusion, the fact that you have remained in the house and your spouse hasn't can cause a judge to more strongly consider awarding the home to you in a trial setting. Should you and your spouse settle the case before a final trial, it will still give you a strategic advantage that many opposing parties will not risk going to trial. The reason is that the presumption is so strong that the party that has vacated the home will not be awarded the home in the trial, most people in this scenario will not want to wager additional time, energy, and attorney's fees to find out if they can overcome those odds. Other ConsiderationsOther factors are important to consider when weighing whether to ask your spouse to move out of the home. There are emotional ties that each person living in a house will have that go beyond the structure itself. Even if recent times have been wrong, memories and nostalgia will cause most people to fight hard to remain in the house even if you kindly ask them to leave. EbookOther Articles you may be interested in:
Law Office of Bryan Fagan, PLLC | Spring Divorce LawyerThe Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it's essential to speak with ar Spring, TX Divorce Lawyer right away to protect your rights. A divorce lawyer in Spring, TX, is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County. What is walk away husband Syndrome?They are looking to wear out the other spouse, until they finally give up and walk away from the relationship entirely. It causes many who employ this strategy to feel guilty for putting the other through that, instead of being honest about wanting out of the marriage.
Can a wife make a husband leave the house?In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.
Can my wife stop me from coming home?Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless domestic violence. A temporary orders hearing must be held to get such a court order in a divorce.
How do you divorce your husband when you have no money?Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.
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