Legal Question in Real Estate Law in Texas

My husband was taken inot custody on Oct. 26th (probation violation). To make it a formible move out I needed a good reference from the LL so I could find a cheaper place with my 7 yo. MY husband is livid I should have stayed 3 mos. let the Sherriffs come. That is not my prinicipals, rent was not paid in De. he wants us out on the 26th. My husband turned around & revolked the Durable POA of his Retirement now we are pennyless. the check should have arrived some time next week, Is there anything I can do while he's locked up. I was going to pay the LL with the Retirement check late fees and all. Can the LL do anything while he's in custody? the LL is also a Realtor. Can he file charges on him b/c he knows everything about the situation I'm afraid he'll do something to me. But really I don't think so. I've been forthright with him about everything. I think it would fall under property law.


Asked on 12/22/11, 2:34 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Principal of paying one's debts seems to be your problem. There are NO quick answers to your questions. If your husband has funds which will be yours after a Court order, then yu can pay debt. If not, and a choice of taking children elsewhere..is yours OR staying in house until legally evicted which means you still have the legal and possibly moral obligation to pay. Courts are slow..hence eviction could take a month or more if you fight it..AS getting money froom spouse via divorce could take months...so hopefully you have family or friends and help

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Answered on 12/22/11, 7:17 am


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