My Spouse Has Demanded that I Move Out! What Should I Do?
- timothyagriswold
- Dec 1, 2022
- 3 min read
Updated: Jul 25
It’s a common scenario: a relationship has broken down, tensions are high, and one spouse demands that the other move out of the home. But before you pack your bags, it’s important to understand the legal and strategic implications of such a move—especially in Texas.
If your spouse is demanding that you leave the home, your first instinct may be to argue that you have just as much right to be there—and in most cases, you’re right. Texas is a community property state, which generally means both spouses have equal rights to the marital residence, regardless of who holds title or whose name is on the lease. Unless there is a court order saying otherwise, you cannot be legally forced to move out just because your spouse tells you to.
When Temporary Orders Come Into Play
Things change quickly once someone files for divorce. If your spouse files and requests temporary orders, a judge can issue a ruling that grants one party exclusive use of the home and requires the other to vacate. This can happen even without allegations of family violence—especially if the parties have children and the court believes that exclusive possession is in their best interest.
Under Texas Family Code §105.001, judges have broad authority to issue temporary orders regarding possession of property, conservatorship, visitation, and residence. In practice, this means you could be ordered to move out, particularly if your spouse has been the primary caretaker of the children and staying in the home supports their daily routine and emotional stability.
The Long-Term Consequences of Moving Out
One of the biggest risks in moving out—especially without a temporary order requiring it—is that you may inadvertently create a “status quo” that could influence the court’s long-term decisions regarding custody and possession.
Texas courts make custody decisions based on the best interests of the child. A major factor in that analysis is stability. If your children remain in the home with your spouse and you voluntarily move out, a judge may interpret that arrangement as working well for the children. As a result, the court may be more inclined to uphold that living arrangement in the final orders.
That’s why it’s so important to consider how far you’re moving, whether the children can reasonably stay overnight with you, and whether the new location can support meaningful, continuing contact with your kids.
Every Situation Is Unique — Get Legal Guidance Before You Decide
Before agreeing to move out of your marital home, it’s wise to speak with a knowledgeable Texas family law attorney. There may be options available to you that preserve your parental rights and your access to the home—especially in the critical early stages of a divorce case.
An experienced attorney can help you evaluate:
Whether your spouse has grounds to request exclusive use of the home;
Whether moving out could impact your parental rights;
How to document your co-parenting involvement if you do leave;
Whether to seek your own temporary orders;
And how to protect your long-term goals regarding custody and property division.
Final Thoughts
When emotions are high, it’s tempting to act quickly just to avoid conflict. But a decision to move out can have lasting legal consequences, particularly when children are involved. Before making any move, get legal advice that aligns with your goals and your specific circumstances.
If you’re facing pressure to move out of your home in Travis County or anywhere in the Austin area, I invite you to reach out. I can help you understand your rights and options so you can move forward with confidence and clarity.
See more about our divorce services by clicking on https://www.griswoldlawfirm.com/family-law
Contact a Good Divorce Attorney in and near Travis County Texas
Comments