Legal Question in Family Law in Texas

In a divorce something was given to the ex-spouse. how long do they have to get it off the property if it was not put in the divorce papers ?


Asked on 12/03/12, 9:53 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

There is no clear cut law on this. Therefore, you must be reasonable.

Send the ex a certified letter, return receipt requested giving him a date and time certain to pick up his "stuff". Give him at least a month and deadline (date & time - say January 30, 2013 at 5:00 pm -- to remove the stuff.

Call your local policing agencies (police, sheriff and constable) and see if they have any suggestions.

You can also call your local small claims court and see if they have any suggestions on how to handle this matter.

Write down the date and time and who you talked to at all these places that you call. Keep this documentation for at least 4 years in case he sues you.

Or you can move the "stuff" to a storage facility and pay for it for a month or two and give him the keys to the storage shed. If he does not pay for the storage shed then he loses the "stuff" after a month or two.

If he sues you, the burden is on you to prove that you tried to give this stuff back to him so you will need to have documentation and photos of everything. You need to keep a paper trail of everything. Yes, this is a real pain. You need witnesses willing to come to court to testify to everything that you did. Ideally these are not children & not relatives or a new spouse. It's nice if you have one than one witness.

This is why I recommend that people divide their "stuff" while the divorce is pending. Now you have to be exceptionally reasonable before you dispose of it. Take photos. Make every effort to give it to him. If he does not pick it up, then if you decide to donate it to charity & put it in his name so he can have the tax deduction.

Be reasonable.

Read more
Answered on 12/03/12, 11:32 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas