FAQ – Getting Your Spouse to Leave the House in a Texas Divorce
Q: Can I make my spouse move out during a divorce in Texas?
A: Not automatically. Under Texas law, both spouses generally have the right to remain in the marital home until the divorce is finalized—especially if the home is community property. However, there are specific legal steps you can take to have your spouse removed if living together becomes unsafe or unmanageable.
The most common options are:
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A Protective Order – If there has been family violence or threats, you can request a court order requiring your spouse to leave immediately.
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Temporary Orders – During your divorce, your attorney can ask the court to grant you exclusive use and possession of the marital residence, which legally forces your spouse to move out.
Protective Orders for Safety
If you feel threatened, harassed, or unsafe, a protective order can remove your spouse from the home and restrict contact.
Under Texas Family Code § 85.001, protective orders can:
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Require your spouse to move out immediately
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Prevent them from returning to the home
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Limit communication or proximity to you and your children
These orders are often granted when there is evidence of physical harm, threats, or intimidation.
Temporary Orders During Divorce
Even if there’s no violence, the court may issue temporary orders to separate living arrangements while your divorce is pending.
Judges consider:
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Who has primary care of the children
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Financial ability to maintain the home
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Emotional or practical reasons one spouse should remain
Once granted, temporary exclusive use of the residence gives you the legal right to stay while your spouse must relocate.
What If the Home Is in Both Our Names?
Texas courts recognize community property, which means both spouses own the home equally if purchased during the marriage. A temporary or protective order doesn’t change ownership—it simply regulates who can live there until final orders are entered.
After divorce, property division or sale will determine long-term ownership or equity distribution.
What To Do Next
If you need your spouse to leave the home:
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Document any conflict or threatening behavior
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Avoid direct confrontation
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Speak with your family law attorney to file the appropriate motion or request an emergency hearing
At The Ashmore Law Firm, our Dallas family lawyers help you obtain court protection and temporary orders that secure your home and safety throughout the divorce process.
Learn More About:
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Protective orders and exclusive use of the marital home
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Temporary orders in Texas divorce cases
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Property rights and community property laws
Authority: Texas Family Code & Gary Ashmore Super Lawyer in Family Law | Dallas, TX
