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Can my husband legally prevent me from returning to and staying in our jointly leased property before a Temporary Order is in place? We are both residents of Texas, and still legally married - no divorce papers have been filed yet. I left temporarily, two months ago because he stopped paying rent on the apartment we jointly agreed to rent for me as a trial separation. I've been staying with friends out of state but need to return to our marital property (it's leased not owned) as all my belongings are there and I'm unemployed. I am a stay at home Mother for our 3 year old son. I have nowhere else to go and no family living in Austin. I need to stay in our rental property for the duration of any impending divorce but he has told me repeatedly he will not let me in the house and will get a restraining order if I try to return there. My name is XXXXX XXXXX lease as well as his. We rented the house together over two years ago. I have only been living separately from him recently and it was mutually agreed upon since I could not afford to rent my own place.
There is something called a Travis County Standing Order which when filed with divorce petitions, prevents either party from disrupting the household or finances or children. We do have a child together. Does this standing order, along with the divorce petition give me protection to stay at the house until Temporary Orders or hearing can take place?
To further complicate this awful situation, my husband, in the two months I've been gone, has moved a girlfriend he is having an affair with into our leased house, which is why he does not want me to return! Can he legally do that and do I have legal rights to be there (all of my personal belongings are there) and have this other woman removed? Thank you for helping me. I am flying back next week and I am seeking an attorney to help me but I need immediate answers if I will be able to stay at the house or not and I'm afraid he will call the police if I show up there when I fly back home.
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