There are different factors to consider when deciding whether or not to move out of the marital residence. First, if there are children involved in your divorce and you are seeking primary custody/conservatorship of the children, do not move out of the marital residence until such time that you have concluded a temporary orders hearing in your case. If you move out of the marital residence prior to a temporary orders hearing and the children remain there with the other parent, then you have weakened your position in the case for primary conservatorship/custody of your children. If you leave the house you are leaving the children. Courts in Texas generally award temporary exclusive use of the marital residence to the parent that is appointed as the primary conservator of the children. With that being said, in many situations it can be difficult for both spouses to remain in the same residence until a hearing can be had. Therefore, it is important to consider the environment at the marital residence in determining if and when you should move out of the marital residence prior to a hearing. In some counties in Texas, it could be several weeks to a month before you are able to have a hearing before the Court to determine which parent will be awarded temporary exclusive use of the marital residence. During the time that you are awaiting a hearing do not allow yourself to be put in a situation where any allegations of family violence could arise.
If there are no children involved in the divorce, but you want to be awarded either temporary exclusive use of the marital residence and/or be awarded the marital residence at final trial, then do not move out of the house until a hearing can be held. In many cases where children are not involved, courts in Texas consider whether or not either party has a place that they can reside temporarily during the pendency of the divorce. If you move out of the marital residence prior to a temporary orders hearing, then you weaken your case for being awarded temporary exclusive use of the residence as it would appear to the Court that you do have another place to reside during the pendency of the divorce.