Legal Question in Family Law in Texas

ok i have an interesting situation in texas. i am currently going through a divorce. my wife who god only knows why i married in the first place managed to get me out of my own house forcefully, or should i say it was more recomended by even a arraignment judge, basically i told her i wanted a divorce, and offered if things went smoothly to set her up in an extended stay hotel for a year after the divorce was finalized and she could stay in my house until i got my house sold. so her being as devious as she has always been, and realized that i was no longer bailing her out of her bad habits and extreme expenses. aka beauty products and a very bad drug habit. started calling the police on me 2 times a day for every frivolous thing that her and her sisters could come up with. one of my favorites was the police showing up about me stealing her cell phone, mind you it was in her purse. but this went on for a month and a half, while i started to notice some of my personal property was starting to dissapear, like dslr camera, hd camcorder, stuff that you hardly use and wouldn't really notice was gone til a much later time . so the main reason they decided the cop chain was to make my life more unbearable til i would finally leave my own house. when they finally realized that wouldn't work and i was starting to run out of electronics which could be easily sold or pawned, she upped it a notch. 5 minutes after i get home from work the police show up, so i answer the door, next thing you know it she comes out screaming from the back bedroom saying i had hit her and blood was running down her face, looked like a small gash above her eye, plenty of blood though, she finally figured out how to get me arrested and out of the house, mind you this is the exact same thing one of her sisters did to an ex. might also point out in my defense there were 33 911 calls all of which she claimed everything from me beating her to stabbing her with a sword, but each time the police showed up there wasn't a mark on her. and we can also mention the 24 hours i sat in jail she was apparently so high that even while i was sitting in jail the police went to the house 3 times because i was beating her. mind you i was released very promptly with apologies, but it was recommended i not go anywhere near her without a witness, which forced me to basically live with a friend for a month while i set up my own place to live. so now im basically paying the utilities on a house , and for an apartment, as well as rent. the house is mine , not even her llawyer will dispute that, it was inherited when my mom died of breast cancer last year. with no mortgage involved. most of the furniture we shall say that was in it 90% of about everything in it is also eeither proveable bought with inheritance money or part of inheritance. so here comes the problem the whole reason they were so eager to get me out of the house, they basically have been stealing everything they think they can get money out of right down to putting furniture on consignment, all of which is my personal property, knowing that the most i can do about it is a civil matter. and of course each time they do something like that, the police are called out, and she files a report claiming the house was robbed. even though i grew up in that house and half the neighbors call as there stealing stuff. i figure they have easily cleaned out about 60k worth of stuff by now.

so i guess here is my actual question. i understand by law i am pretty much screwed, laws seem to work out that way. but is it a criminal matter if they stole and sold some parts of the estate which were not mine? im referring to 3 family heirlooms inparticular, which the executor of estate is furious about having dissapeared. i already know she filed a report claiming stolen, but the police figured her out a while back. if the executor files them stolen is it criminal, because half the neighbors saw them do it even called me on my cell phone and gave me the license plate of the truck they used to ship them off to a consignment store.


Asked on 11/19/10, 6:23 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I've been doing family law for a long time and your story is pretty basic. Sorry! I hear it on a weekly basis. In fact you've not told me anything new or "interesting".

You aren't going to want to hear this, but here is what you should do.

If you are smart, you will do this.

Go to an experienced attorney in your county that is really tough and smart. Pay him or her. You are going to need this person for a long time. Listen to this attorney & follow their advice. You've gotten yourself in a mess and this person is going to get you out of it.

I mean that you need to hire a really smart attorney that is willing to work with you & talk to you! You need a caring and compassionate attorney that is tough as nails. There are not a lot of these sort of attorneys out there. I suspect the attorney will have practiced law over 20 years and have a few gray hairs in their hair. They need to do family and criminal law. Check around and you will find one.

If you can afford it, go into therapy and figure out why you go involved with this "messed up" person. (That is the nicest phrase I can think of to refer to the woman you married.)

This woman and her family are "snakes" and you need to hire a team of exterminators to get them out of your life!

Once you get her out of your house. Sell the house. She's probably planted drugs in the house to call the cops on you on later! (Just trust me on that - it's been done!)

This is an expensive life lesson. You've paid dearly. Now hire "The A team" to clean up your life!

Happy Thanksgiving!

How could you re-pay me for these words of great wisdom I've just shared with you on the day before Thanksgiving? I would appreciate it if you would say a prayer for me. I've had several friends die in the past couple of months and I could use your prayers. That would re-pay me for the time I took to write this email for you.

Please follow this advice. You really need an expert to help you work you through this maze! She's got a team on her side & you need a team on yours!

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Answered on 11/24/10, 10:31 am


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