Legal Question in Family Law in Texas
Am divorcing and have rule 11 agreement stating I get contents of husbands storage unit offered by him. Now his lawyer says there is no unit. This is fraud according to what I had read. DISSIPATING or taking away an asset he's agreed to give me is fraud according to TIC 7.009 house bill 908 which passed September 1, 2011.
We have a prove-up on march 5th because of disagreements on final decree wording not being the same as rule 11. Shouldn't my lawyer be filing fraud charges against him already and not wait for that setting? My lawyer has not said a word regarding what he's going to do about storage contents. Husband admitted to unit in discovery but denied he had things I said he stole from home. Does the judge give me a cash award for those items according to what husband claimed he had in it in discovery or do they go by what I claim he had since this issue was not ruled on because of the agreement? The agreement did not state what was in the unit, just that I could have the contents. This is a large unit he only claimed he had a few things in according to discovery papers..uh huh.
Also, if I disagree with wording on final saying he gets to keep cash on hand when agreement didn't mention cash division will judge rule there are too many problems with agreement and throw it out and set for trial? Agreement said he got bank accounts but did not mention the $35000 I stated he stole from estate and hid. I don't want to lose the agreement stating I get the home but don't want to hand him things not addressed in the agreement that his lawyer has taken it upon herself to add to the final.
Obviously asking my lawyer these questions gets no info so please help!
1 Answer from Attorneys
Send your lawyer a letter documenting these problems and ask to visit with him.