Legal Question in Family Law in Texas

Im trying to get a devoice from my husband

I left the home with my 4 year old and he will not let me get are stuff out of the house and he also said I didn't have the right to anything since he owned the house and land before we got married is this true??

he also said are truck we are buy is his and I wouldn't have a chance to get it because he has a son and there is no judge that will take it from him and if he did I would be left with the payments.. this is my first time going threw any of this and I need help im not to sure what to do ... I cant even get my little girl in school next year because he wont give or make a copy of the tax return papers please I need help


Asked on 5/26/15, 12:43 pm

2 Answers from Attorneys

Thomas Daley KoonsFuller PC

You've raised a number of issues.

1. You need a lawyer. See if Legal Aid of Northwest Texas can help you.

2. House. If he owned the house prior to marriage, then it is his separate property. You are entitled to your stuff, though. You might go to the police station, tell them that you are going to your house to get your stuff, and ask them for "civil standby" or "civil backup" so they know what is going on if there is trouble at the house.

3. Truck. The debt and the truck will go together. If you get a truck that has debt, you will almost definitely have to pay off that debt yourself.

4. Tax Return. Google for "IRS Form 4506-T". Print the form, fill it in, and mail or fax it to the IRS. They will send you a copy of your prior year tax returns. Do that right away because if you fill out the form wrong, the IRS will kick it back to you and you'll need to try again.

5. Child Support. Do NOT NOT NOT NOT NOT give up on getting child support from this guy. You are entitled to it. He will threaten to take your child from you. Don't be afraid of that threat. Men make that threat all the time. He locked you and the baby out of the house--unless there is some horrible fact on YOUR side of the case, the judge is not going to take the child from you. NOW THAT YOU ARE OUT OF THE HOUSE, you can contact the Attorney General's office and they will get child support started for you at no cost to you. Even if you later get a divorce, get this AG process started FIRST. That way you can get paid while the divorce is pending.

Good luck!!

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Answered on 5/26/15, 1:35 pm
TC Langford Langford Law Office

I agree with everything Mr. Daley has said, and just want to add, that even if the property is his separate property, you might be entitled to a reimbursement, if the community estate contributed to the value of his property. Mr. Daley is right, you have options, please do not be bullied by this guy, find a lawyer.

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Answered on 5/26/15, 3:33 pm


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