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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33803
Experience:  Attorney with 15 years experience
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I live in Texas. My husband and I divorced in 2011 and he

Customer Question

I live in Texas. My husband and I divorced in 2011 and he kept our home. In 2015, he asked me to reconcile and my four kids and I moved back in with him..earlier this year..I suffered an unexpected stroke and have not been employed as I recovered although I do take care of the house, domestic duities and children. When I learned he was engaging in sexual activity with other women, we began having problems and he has told me I must leave and he does not care about my health or current physical limitations. He says he will evict me. I understand that I have no Legalrights but need to know how much time do I have to remain in the house and pack my belongings, secure a new residence for my chilren and I and find employment to support us? While I lived here the past year and a half, he preferred I not work so I have very little finances to condct the process. Understnadinf timelines and the processes that mus toccur if he truly evicts me will help. Thank you. I have full custody of our children also.
JA: Was the property purchased during the marriage? Were any marital funds used to pay for the mortgage or property improvements?
Customer: No..the property was awarded to him the divorce. we divorced without using attorneys and he drew up the settlement. He pays the morgage. I contribute the child support money that I still receive from him and money from contract labor I sometimes conduct each month. Approximately $2000.
JA: Has anything been filed or reported?
Customer: Not to my knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i think that is it.
Submitted: 1 month ago.
Category: Family Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has he given you any written notice to vacate yet?

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thanks

Barrister

Customer: replied 1 month ago.
No written notices
Expert:  Barrister replied 1 month ago.

I understand that I have no Legalrights but need to know how much time do I have to remain in the house and pack my belongings, secure a new residence for my chilren and I and find employment to support us?

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Ok, legally you are considered a month to month tenant under an oral tenancy agreement since he now owns the house solely and you are not married.

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That means that he is your landlord and you are his tenant and he has to comply with all TX landlord tenant laws. He can terminate your tenancy, but would have to first give you a written 30 day notice to vacate. If you didn't do so, then he would have to file a formal eviction action in court to get a judgment and a writ that the sheriff would execute to force you to move out.

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The eviction process takes about 3-4 weeks after the 30 day notice expires, depending on the court's and sheriff's schedules.

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So it is pretty safe to say that you would have about 2 months from the time he gave you a 30 day before he could force you to move out.

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thanks

Barrister