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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I separated from my wife a little over a year ago. I have tried

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I separated from my wife a little over a year ago. I have tried a number of times to get my personal items; tools, books, hobby items, guns etc. However she will not let into the house to get my things. I don' plan on divorcing her. But I don't believe we will get back together again. I am supporting her very well with her getting over half of my income. What can I do.
Good evening:

You're in a bit of a pickle since you're still married to her. In Texas, everything purchased during a marriage is considered to be community property, meaning that it belongs equally to you and equally to her, so legally it's her stuff just as much as it is yours.

You could go to the police and tell them the situation and see if they will accompany you to the home to retrieve your belongings, but in my experience they usually say "it's a civil matter" and they don't want to get involved unless a Judge has ordered them to be involved.

Since Texas doesn't recognize legal separation, in order to FORCE her to give you your things, you'd need to file for divorce and get a Judge to order her to allow you back in the house to retrieve your belongings. In theory once you had filed for divorce, got your belongings out and were satisfied in that regard, you could non-suit the divorce pleading and remain married to her.

I don't know your reasons for not wanting to go through with a divorce, however, that will probably be the best option outside of her voluntarily agreeing to let you come back into the house. Like I said above, you can certainly try getting the police involved, it will just depend on the police department in your area and what their policy is in getting involved in civil disputes.

Feel free to ask any follow up questions you may have.
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