Legal Question in Family Law in Texas
My daughter, her husband and their two kids just moved to Texas from Wa state because he got out of the Navy on a disability. He left them in a motel room and text her that he wants a divorce. The next day she received the papers at the motel. He then text her that she has to get out of the motel in two days. She took the kids to Dallas to stay with a friend and while she was there he took her car from my house. He has a car also so there was no need to take her car. She purchased this car with an annuity she received from a car accident in 2010 but it is in his name. He lives with his parents who are fairly well off financiallly.He told her that he did it because she took the kids to Dallas and he wants her to stay here. Also she is worried that he will sell her car. Can he legally do this especially after he abandoned them.
1 Answer from Attorneys
If the car is titled in his name, he will be able to sell it. However, it will probably be a violation of the court's order if he does so. Depending on which county he filed the divorce in, there may be standing orders which became effective the day he filed for divorce. Those standing orders prevent the sale of community property (which, at this point, covers all property because no court has declared anything as separate property).
She needs to hire an attorney. She also needs to file an "Original Answer" so that he does not get a default judgment against her. She can create an "Original Answer" at my web site at this link: http://app.perfectforms.com/player.htm?f=JjrBggAj&MX=FORMONLY
I'm sorry she is going through such a rough time.
Best wishes and good luck!!
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