Many questions Needing Answers - Texas

[sje_k]

What is the name of your state (only U.S. law)? TEXAS

Status: Divorce is filed and in process, have been served, filing Answer tomorrow.

I have no attorney. She does. I did NOT sign a waiver.

Our issues are about separate property, community property, and debt separation.

1. She basically kicked me out of the home in the middle of the night with what I could grab, changed the locks, and won't let me back in to get anything else. I want my stuff. I've tried to arrange it through her attorney, but she gets mad and refuses.

2. She was supposed to take her name off of my bank account months ago and got her own, but 4 days ago she went on a spree on my account and refuses to put the money back. The bank won't let me remove her without her permission. I want her to put the money back.

3. While married, she shopped and bought $200 haircuts and clothes and charged it all. She now wants me to pay half of the debt when it went to only her enjoyment, not for the family or the child. I want her to produce the statements and pay her stuff herself. How do I make that happen? (I represent myself because I make $12 an hour.)

4. She got breast augmentation without my permission, charged it on a card, and both of our salaries were used to pay it off. I also put her through college. Now she wants half of everything I've put into retirement. Isn't her 10k chest separate property to be charged against her debt or separate keepings?

I need LAW citations to back these answers up. HELP!!!!

 

[Silverplum]

What is the name of your state (only U.S. law)? TEXAS

Status: Divorce is filed and in process, have been served, filing Answer tomorrow.

I have no attorney. She does. I did NOT sign a waiver.

You've waited till the last minute to get help. That's not going to be good for you.

Our issues are about separate property, community property, and debt separation.

1. She basically kicked me out of the home in the middle of the night with what I could grab, changed the locks, and won't let me back in to get anything else. I want my stuff. I've tried to arrange it through her attorney, but she gets mad and refuses.

You need to have a sheriff come with you on a civil standby while you get your stuff. Let her know when you're coming, and that you're bringing a sheriff with you.

2. She was supposed to take her name off of my bank account months ago and got her own, but 4 days ago she went on a spree on my account and refuses to put the money back. The bank won't let me remove her without her permission. I want her to put the money back.

You're going to be disappointed.

3. While married, she shopped and bought $200 haircuts and clothes and charged it all. She now wants me to pay half of the debt when it went to only her enjoyment, not for the family or the child. I want her to produce the statements and pay her stuff herself. How do I make that happen? (I represent myself because I make $12 an hour.)

Again, you're going to be disappointed.

4. She got breast augmentation without my permission, charged it on a card, and both of our salaries were used to pay it off. I also put her through college. Now she wants half of everything I've put into retirement. Isn't her 10k chest separate property to be charged against her debt or separate keepings?

No.

I need LAW citations to back these answers up. HELP!!!!

You want legal cites to back up your position/s: but what if they don't exist?

 

[latigo]

What is the name of your state (only U.S. law)? TEXAS

Status: Divorce is filed and in process, have been served, filing Answer tomorrow.

I have no attorney. She does. I did NOT sign a waiver.

Our issues are about separate property, community property, and debt separation.

1. She basically kicked me out of the home in the middle of the night with what I could grab, changed the locks, and won't let me back in to get anything else. I want my stuff. I've tried to arrange it through her attorney, but she gets mad and refuses.

2. She was supposed to take her name off of my bank account months ago and got her own, but 4 days ago she went on a spree on my account and refuses to put the money back. The bank won't let me remove her without her permission. I want her to put the money back.

3. While married, she shopped and bought $200 haircuts and clothes and charged it all. She now wants me to pay half of the debt when it went to only her enjoyment, not for the family or the child. I want her to produce the statements and pay her stuff herself. How do I make that happen? (I represent myself because I make $12 an hour.)

4. She got breast augmentation without my permission, charged it on a card, and both of our salaries were used to pay it off. I also put her through college. Now she wants half of everything I've put into retirement. Isn't her 10k chest separate property to be charged against her debt or separate keepings?

I need LAW citations to back these answers up. HELP!!!!

You need to calm down and try to control your emotions. This excited, incoherent rambling isn’t going to get it.

In the meantime forget about asking the sheriff to have a deputy baby sit while you retrieve your stuff. It ain’t going to happen! Not unless you obtain a Writ of Assistants where the court orders the sheriff to get your stuff and that ain’t likely to happen either.

SO . . . if you haven’t been served with a “no contact order”, then go to the home and get your stuff. Just make sure you take your personal stuff and not her personal stuff. And if you have a friend willing to do, so have him accompany you to act as witness or referee.

Also don’t be mislead yourself to believe that the court is going to listen to any argument from you that you wife must account for the money she has spent on herself and that it will be charged against her in the division of marital property and debts. Because that ain’t going to happen either. So forget about gather up a bunch of useless receipts.

If you intend to claim that there are properties involved here that you own solely and separately and apart from any legitimate claim of ownership in her, then you had better be able to prove what it is specifically, when you acquired it and how, and that it has not somehow been transmuted/converted to community property.

The only problem you have with the bank account is that you haven’t thought of withdrawing what is left, if any, and opening an account in another bank under your name only into which you can deposit future salaries.

As for your retirement account she is entitled to have those credits to the account that were heretofore and will be hereafter accumulated during the marriage treated as community property. (Implants or no implants, your permission or without it.)

Lastly, I know better than you that good divorce lawyers are obscenely expensive. But if she can afford one, why is it that you can’t?

 

[ecmst12]

A good lawyer will probably save you more than it will cost you.

 

[sje_k]

Answers to your Answers

First of all, she makes 90k and I make 12 dollars an hour. Thus the reason she can afford an attorney and I can't. To fight, you need at least $2500 up front.

Secondly, I need legal citations to back up the reasons I feel her debt is her debt. I've seen attorneys say it can be done, but where do I find the legal cites to back it up? I thought I was asking attorneys on here? If you're not an attorney, please don't answer me.

The credit cards she charged up to the max are in her name, I didn't know about them, and she says I have to pay half. True?

She wants the house, everything in it, her 40k car, and I get my 10 year old pickup and what I was able to grab that night I left. I need my stuff from the home, my tools, etc. If she can enjoy the family home and all contents, why can't I just go in and get my half?

 

[Ohiogal]

First of all, she makes 90k and I make 12 dollars an hour. Thus the reason she can afford an attorney and I can't. To fight, you need at least $2500 up front.

Secondly, I need legal citations to back up the reasons I feel her debt is her debt. I've seen attorneys say it can be done, but where do I find the legal cites to back it up? I thought I was asking attorneys on here? If you're not an attorney, please don't answer me.

The credit cards she charged up to the max are in her name, I didn't know about them, and she says I have to pay half. True?

She wants the house, everything in it, her 40k car, and I get my 10 year old pickup and what I was able to grab that night I left. I need my stuff from the home, my tools, etc. If she can enjoy the family home and all contents, why can't I just go in and get my half?

In your answer, request spousal support from her, her payment of your attorney or upfront funds to pay for counsel. Request temporary orders for spousal support as well as attorney fees.

 

[Silverplum]

First of all, she makes 90k and I make 12 dollars an hour. Thus the reason she can afford an attorney and I can't. To fight, you need at least $2500 up front.

Secondly, I need legal citations to back up the reasons I feel her debt is her debt. I've seen attorneys say it can be done, but where do I find the legal cites to back it up? I thought I was asking attorneys on here? If you're not an attorney, please don't answer me.

The credit cards she charged up to the max are in her name, I didn't know about them, and she says I have to pay half. True?

She wants the house, everything in it, her 40k car, and I get my 10 year old pickup and what I was able to grab that night I left. I need my stuff from the home, my tools, etc. If she can enjoy the family home and all contents, why can't I just go in and get my half?

Alrighty then.


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