Can my spouse and I live in our marital residence together during our divorce?
Yes, you and your spouse can continue to live in your shared home during divorce proceedings until the divorce is finalized. However, this is subject to the court’s discretion. The Court has the ability to make decisions regarding living arrangements during the divorce process. The Court may issue temporary orders during the pendency of a divorce case, which can include awarding one spouse exclusive occupancy of the residence. This means that while both spouses can potentially remain in the home, the Court has the authority to grant exclusive occupancy to one spouse if deemed necessary and equitable.
Why would the Court order that?
A Court in Texas may order one spouse to leave the marital residence during divorce proceedings for several reasons. One primary reason is the occurrence of family violence. For example, a Court may grant a husband or wife temporary exclusive possession of the marital residence after finding that the husband or wife committed family violence. Similarly, if the court believes a party or a member of the party’s family or household may be a victim of family violence, it must inform that party of their right to apply for a protective order. Having a protective order or even a temporary restraining order against a spouse during a divorce will force them out of the marital residence, unless you would prefer to leave the residence yourself.
Will my house be in good condition at the hands of my spouse if I am ordered to leave?
It should be, because the Court will order that the house remain in good condition. This is done to ensure that the party that is given exclusive use of the property is ordered to preserve and protect it. This is important for the party that is not ordered to remain in the house, because if the house is eventually listed for sale, it is important that it remains in good condition. Depending on the terms of your divorce, the home could end up listed for sale or one party could buy the other party out. Whatever happens, it is important that the party given exclusive use of the marital residence takes care of it.
Your favorite answer… it depends!
The Court has the discretion to award one party exclusive use of the marital residence, but this is completely fact dependent on the relationship between you and your spouse. If you and your spouse have an amicable relationship and can live under the same roof without the environment being toxic, there is a good chance that your living conditions will remain the same. However, if there is toxicity and the living environment is unhealthy for all parties involved, the Judge might order one party to leave the marital residence and live elsewhere. It simply depends on the facts of your case and the ability to cohabitate with your (soon to be) ex-spouse.
Hire An Attorney That Can Help!
Find an attorney that is experienced in family law matters and can help you navigate your living arrangements throughout your divorce. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
