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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35771
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My husband and I are not compatible. We are currently

Customer Question

My husband and I are not compatible. We are currently residing in a home that I had before the marriage. I was wondering could I file for eviction and then later file for a divorce. I really want to separate from him legally.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This is in Texas
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just the cost of starting the process
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months 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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I was wondering could I file for eviction and then later file for a divorce.

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Unfortunately, you can't evict a spouse out of the marital home. You would have to obtain a court order from a judge either as part of a divorce granting you sole possession, or if there was some type of domestic abuse going on as part of a restraining order.

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If that were the case, then one spouse would be evicting the other spouse any time there was a disagreement or argument..

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So if there are no grounds for a restraining order, then you are stuck with requesting sole possession of the house as part of any divorce petition.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 5 months ago.
Thanks for your honesty.
Expert:  Barrister replied 5 months ago.

You are very welcome. Happy to help any time even though the news is kind of lousy..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister