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Thank you for your question. Please permit me to assist you with your concerns. Please allow me to quickly summarize both your options and also his potential rights (so you would know if what he is seeking is reasonable or unreasonable).Texas is known as a 'community property' state. That means all assets that were obtained while married, regardless in whose name that asset is listed under, is property of both parties in a 50/50 manner. Anything that is titled to one person and obtained before marriage is considered to be sole property of that person. However, any growth in value is communal and would be split 50/0 between the parties.For example, you mentioned a home that you bought prior to marriage. That is your property. But if it grew in value, the value difference is marital. So if it was $200,000 when you married, but is now worth $230,000, the $30,000 growth in value and equity is technically a marital growth. He could legally demand half of that value from you. The fact that he made repairs to the premises DOES NOT give him rights unless there is a contract stating so, but if the value of the property increased, he has a right to demand some compensation.As for making him leave, I am afraid that while married the premises are deemed to be a 'homestead' and neither party can evict the other. You can, as part of your separation demand, request 'sole occupancy' that if granted, would compel him to leave. Otherwise, you can only remove him once the dissolution is granted and he is not granted any value in the property.Hope that helps.
If I'm granted sole occupancy, does this mean he is required by law to leave or can he fight it?
Michelle,Thank you for your follow-up. If you are granted sole occupancy, before it is granted he can fight it and also appeal the decision, but once the decision is in, he would have to leave, and you would be able to potentially evict him then.Hope that clarifies.
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