Can you elaborate on what you think is inaccurate?frazzled wrote:This first part is not accurate, at all.quoheleth wrote:Need some feedback on this situation at church.
A woman at church is in the middle of a nasty separation. Her husband moved out but frequently enters the home when she's away at work. As the house is jointly theirs (divorce is not even begun) the cops have told her, basically, unless he physically threatens her she cannot even get a restraining order. She can change the locks, but as it's his house too, he legally can break in -- just like if he locked himself out of the house.
She needs to consult with a divorce attorney specializing in nutjobs and do the things Sarge1208 said immediately.
I just followed a friend through a rather unconventional separation and divorce, and his experience was exactly what quoheleth stated: unless there is a restraining order, official order of separation, or other court-issued ruling, a married couple in Texas has equal rights to the marital home.
In my friend's case, he pulled a reversi: he had moved out, but had a locksmith change the locks. Childish? Yeah, but there was a lot of that on both sides. It also proved his point to his (now)-Ex that it was still legally his house too.
Texas is a community property state. A house owned in marriage is owned by both partners. Unless there is a court order to the contrary, both partners have equal rights to the house. No matter how much the other party dislikes it.