Do I Have to Move Out? Living Together During Divorce in Texas

If you're in the early stages of divorce, you might be wondering: “Do I have to move out of the house?” In Texas, the short answer is: not necessarily.

🏠 Texas Law Doesn’t Require It

Filing for divorce does not mean one spouse automatically has to move out. Unless a court has issued an order, both spouses have an equal right to remain in the marital home—even if only one name is on the lease or deed.

🤔 Why Stay?

There are some valid reasons couples choose to keep living together during a divorce:

• Financial Concerns: Maintaining two households is expensive.

• Children: Staying under one roof can offer stability during a difficult time.

• Access: It gives both spouses access to personal property, shared accounts, and important documents.

⚠️ Why It Might Not Work

Living together doesn’t work for every couple. It may cause:

• Heightened emotional stress

• Frequent arguments or conflict

• Concerns over safety or emotional well-being

If this sounds familiar, it may be time to seek temporary orders from the court.

⚖️ What Are Temporary Orders?

Temporary orders are legal rules that stay in place until the divorce is finalized. They can cover:

• Who stays in the home

• Child custody or visitation

• Use of vehicles and other property

• Financial support or bill payment

These orders are meant to reduce conflict and clarify responsibilities while the divorce is pending.

💡 Strategic Considerations

Before moving out:

• Consult with an attorney—you don’t want to risk weakening your legal position.

• Document everything—especially if the living situation becomes contentious.

• Avoid “abandoning” property or children without a clear plan or legal advice.

💬 Final Thoughts

Staying in the marital home during a divorce isn’t always easy—but neither is leaving it without a strategy. If you’re not sure what’s best in your situation, professional legal advice can help you make the right call.

Need help navigating the early stages of divorce in Texas?
We’ll help you protect what matters most—your family, your home, and your future.

📞 (832) 360-1165 | 🌐 thomsonfirm.com