Can my spouse kick me out of our house or keep me from moving out of our house?

Whether a celebrity or not, we all worry about many of the same core issues when facing a divorce – How do I protect my stuff (money, investments, real property, personal property) and how do I protect the kids.

As we have seen with Mary Kate Olsen’s recent divorce, a common issue to be addressed is “how do we separate?” In Mary Kate Olsen’s case, she accuses her “not soon enough-to-be” ex-husband of cancelling their apartment lease and demanding that Mary Kate vacate the residence in the midst of the COVID-19 crisis causing her to be extremely concerned about the safety of her personal property. Short notice to vacate can be stressful and especially during a global pandemic; however, there are counties in Texas that have established Standing Orders to address these specific issues and establish rules to follow when separating during the pendency of a divorce. Specifically, most counties in North Texas have established Orders that prohibit one party from “excluding the other party from the use and enjoyment of the other party’s specifically identified residence.”

Likewise, we have all read about the Kristin Cavallari and Jay Cutler divorce. While they are not specifically fighting over the custody of their children, there have been several accusations regarding the couple’s finances. Specifically, Kristin has claimed that Jay had been withholding funds and refusing to allow her to move into another home with the parties’ children. Kristin has claimed that moving was a necessary step to protect their children from the toxic atmosphere of living together during the pendency of a divorce. This behavior of prohibiting one spouse from having access to funds to meet that spouse’s reasonable and necessary needs is also addressed in many Texas counties’ Standing Orders. Specifically, many counties have Orders for special allowances to make expenditures and incur indebtedness for reasonable and necessary living expenditures, food, clothing, shelter, transportation, medical care, and attorney’s fees.

The attorneys at McClure Law Group can answer your questions and help you separate before you are officially divorced. We understand that divorce can be messy and stressful and whether you are the income-earning spouse or not, most counties in North Texas have established Standing Orders to ensure that no party is left on the street, that property is protected, and that the parties’ children are safe. If you are concerned about your children and/or property, contact an attorney at the McClure Law Group to further discuss how you can ensure your children and/or property are protected. The Texas attorneys at the McClure Law Group can be reached at 214-692-8200.


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