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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41027
Experience:  Texas Attorney for 30 years dealing in real estate
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My husband and I are in the process of getting a divorce. We

Customer Question

My husband and I are in the process of getting a divorce. We are refinancing our house so that I can get my share of the equity and my name off the title. My husband has a family of 3 moving into a 10' by 12' room on Monday. What can I do to stop this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

All you can do here is notify your ex and the people that you do not consent to this and will take legal action.You really need to file for divorce here if you have not and have protective orders issued.The court will forbid this.You need to involve the divorce court to protect your interests here as this may affect the ability to refinance.

Legally this is jointly owned property and both need to consent to any renting.Your remedy here is to file for divorce and protective orders.Once you have those you would be able to file for eviction if you have too.

You could also move into the room temporarily to have the court catch up and issue orders here.It is jointly owned no reason you cannot do this yourself.

I appreciate the chance to help you today.Please let me know if you have more follow up.

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