Legal Question in Family Law in Texas

My wife of 5 years is abandoning our home. Has rented an aprtment, and is moving Dec. 28, 09. She has said she may take whatever she wants. She has been married several time before of which she kept secret from me until I found out a couple years later on a credit report. She said that she was awakened by God in the middle of the night and God told her that she must decide between Him and I. Does she have the legal right to take whatever she pleases at this time.

Thanks,

Norm K.


Asked on 12/11/09, 12:41 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Technically, there are no rules about who has the right to control community property during the marriage. Actually, there are some rules, but they wouldn't apply to the situation you describe.

Your best bet would be to get a divorce filed NOW. There's no legal requirement that you be "separated" before you file a divorce. You're in Dallas County, and there's a Dallas County Standing Order that applies in all divorce cases (they require that it be attached to your petition). You can view it here:

http://www.dallascounty.org/department/districtclerk/images/famorder.pdf

This order prevents the parties from (among other things) disposing of property or hiding it (see section 3). She may TAKE property when she leaves you on December 28, but she will be prevented from destroying it or disposing of it.

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Answered on 12/16/09, 1:09 pm


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