As we all know divorce is never an easy thing especially if one or both parties are hostile! I have seen this question asked many times: "Can my spouse kick me out of my home because it is his/her name?  The answer is... NO!

Sorry just because your name is on the deed doesn't mean you have the right or ability to kick them out. In the State of Texas once married everything is considered mutual property until proven to be separate in a legal Texas divorce even if the house was owned in a previous marriage or before the current marriage.

As to who gets the house that is determined by a judge. Just because you owned it before the marriage doesn't always mean you get to keep it, it all depends on the case's specifics.

Here is another thing, you cannot lock them out either. If you are locked out of your house attorneys advise that you call the police and a witness to prove that you are not being aggressive or causing damage, which you can because technically it's considered your property. You should always have your phone recording these days as well.

To have a spouse removed from the home you must have a hearing and go before a judge. You cannot get an order to kick someone out of their home unless you can prove in court the other party has acted violently. You must have filed for a protective order against the other person.

Sorry folks, you can't get mad and kick out your spouse just because the house is in your name.


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