Legal Question in Family Law in Texas

Assets in Mexioc

Before My husband and got married he purchased land in Mexico. He is know sick and was diagnosed with bipolar disorder. His mother wants to take him to his home land and get him curred, but this is a decision that I don't want to happen. Also his mother wants to sell his land. Do I have any right on saying not to sell it or can I stop her on not taking my husband to mexico? Can I do anything on my part if he leaves without me agreeing on him leaving.


Asked on 1/08/08, 6:17 pm

1 Answer from Attorneys

Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: Assets in Mexico

The property that he purchased in Mexico is his separate property because he purchased it before you were married. He can sell it if he wants.

If he voluntarily wants to leave the country to obtain treatment, that is also his right, and as long as he is mentally competent he may choose to do so despite your objection.

The real question for you is if you have a viable marriage. If he plans on leaving and not returning, you should file for divorce and have him served while he is still in the country.

You can file for temporary orders at the same time to prevent him from squandering your community property, to which you are entitled your fair share. You may want to have a provision in the temporary orders that is enforceable on any banks where you share accounts and serve the banks with a copy. You can file a lis pendens on any real estate that is community property in the US to keep him from selling it without your knowledge.

This is not easy stuff for the average person to do, so you should either hire an attorney or contact legal aid for assistance. They can provide you with a lawyer if you can't afford one.

Best wishes to you in this difficult situation. I know this must be an emotionally painful time for you.

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Answered on 1/08/08, 6:54 pm


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