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I want a divorce but my house won't leave the house. What can I do to leave it?

Houston, TX |

We both own the house but I've been making the payments with my checking account. I haven't filed for divorce yet, so what are my legal rights to having him out of the house and start paying child support?

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Attorney answers 1


You need to go ahead and file divorce. Besides your divorce petition, you will need to file a Motion for Temporary Orders. TO will help keep the status quo while your divorce is pending. At a hearing, the Judge can decide (or more usually the parties with their attorneys) who stays in the house and who pays child suport. If the home is community property, then both of you have an equal right to the house pending an agreement or court order. I have a video on Temporary Orders on the website link.