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my wife and I have been having difficulties and I moved out

for a few weeks to...
my wife and I have been having difficulties and I moved out for a few weeks to get some space. I am trying to move back into our home now and she is telling me that she will be serving me with papers to have me forcibly removed if I do that. we live in austin, tx and the house is in my name, I pay all the bills and was gone for a total of 3 weeks. Can she have me removed?
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Answered in 10 minutes by:
8/23/2013
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,589
Experience: Attorney with experience in family law.
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If she files for divorce, she can file a motion asking the judge to award her sole possession of the marital home, yes. If you have minor children that are living in the house with her, that would greatly improve her chances of having the motion approved. You could make the same request in response to her motion.

The only way to have you forcibly removed before filing for divorce is going to the criminal court and telling the judge that you have done something to make her fear for her personal safety, then getting a restraining order. I hope that she wouldn't be willing to lie under oath just to get the house temporarily - but I have seen it happen.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago

We do have 2 minor children in our household. So just to be clear, if she files for divorce and to have the house awarded to her, how would I go about countering that? With my own lawyer in that same request? She is saying she is going to have me served with papers on Monday and that I will need to go to court next Friday.

When she has you served with the paperwork, you can file an Opposition explaining why her request should be denied and asking that the judge grant the house to you instead. She is likely filing a Motion for Temporary Custody at the same time, so you may also want to think about how to respond to that.

If you're planning to hire a lawyer and you know she's filing papers Monday, you may want to make some phone calls. A good place to find someone is through the Texas State Bar's Referral Service or www.martindale.com.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,589
Experience: Attorney with experience in family law.
Verified
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Lucy, Esq.
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