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My son is disabled. He married a woman a year ago and she…

My son is disabled...

My son is disabled. He married a woman a year ago and she moved out of a house I own. She is out of a job and has “temporarily” moved back in without my permission. A divorce is being filed but has not as of today. Can I evict her or demand she leave.

Lawyer's Assistant: What steps has your son taken? Have they filed any papers in family court?

There are no children and nothing has been filed yet.

Lawyer's Assistant: Family law varies by state. What state are they in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to make clear she’s living in the house (in a separate bedroom) where my son lives. She’s pretty much a derelict who glommed onto my son as a meal ticket. Pat wants her out. He’s mentally disabled and naive. He invited her but he’s now asked for her to leave.

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Answered in 1 minute by:
6/23/2018
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 4,146
Experience: associate attorney
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Customer reply replied 1 month ago
Thank you, Christopher!
Customer reply replied 1 month ago
No, thanks. I think we can do this by text.

If she is considered an invitee (been in the house less than 30 days) then she can be removed by the police if she will not leave on her own. If she has been there longer than 30 days then she will be considered a tenant on a oral month to month lease. You will need to give 1 month notice for her to be removed and then if she does not leave, you can evict her. If there is criminal activity or any agreement for her to pay rent and she has not, you will be able to file an eviction quicker.

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Customer reply replied 1 month ago
Ok.
Customer reply replied 1 month ago
Is this ok even if they are married?

I'm sorry, I should have addressed that. It is unlikely that she would be an invitee in that regard but you can still evict a spouse. Yes that is possible.

Christopher B, Esq.
Category: Family Law
Satisfied Customers: 4,146
Experience: associate attorney
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