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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34053
Experience:  16 yrs. of experience including family law.
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I read your answer to a similar question as mine. Just

Customer Question

I read your answer to a similar question as mine. Just wondering if being in Texas rather than New Jersey will change your answer. I filed for divorce here in Texas in November, and my spouse freaked out with the upshot being that there are now criminal charges filed against me. Two days ago, after legal maneuverings, she was finally evicted from the house she was staying in (my father's residence). In the process of leaving, she took with her (some might say "stole" a convection oven, a television, the AT&T Microcell, a few odds and ends, and my car, which I own outright and had prior to the marriage. This woman is a snake in the grass, and I'm being encouraged to report the car stolen. Should I?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under Texas law, all of the property acquired during marriage is deemed community property, meaning it is owned equally by both spouses. Upon filing of divorce, absent court order, the parties are to maintain the status quo and not take or sell any community property until the property settlement is reached. If she took property that did not belong to her when leaving, as it was your separate property or property belonging to your father even, then you can pursue her for theft of the property either through the police upon proving it was your separate property, or by filing a motion in the divorce to have the divorce court order her to return the property or pay you the value of the property
If the car is your separate property in your name only then you should indeed report it stolen, because if she damages it or does anything with it you could be liable for that as car owner.
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. The issue, it seem, will be proof. To hold him liable she would need to prove, by a preponderance of evidence that he knew he was infected with this and lied to her about it

What you are describing, she would need evidence to support this.

IF you can get his medical records, and they show that he was diagnosed PRIOR to this encounter? Then she has a very strong case.

Now...this is something that is available in "discovery"...if she hires a lawyer and files a case, she will be able to get access to the records. But not before.

So she would need to hire an attorney and start the process to see what the records show. Frankly, this case would likely win or loose based on these records.

What type of lawyer ? One with experience in personal injury lawsuits.
Contingency? No...not likely. It is unlikely any attorney would agree to this. You can certainly try and find an attorney or firm to take the case on contingency. But with the case depending on the results of the discovery, I suspect it may be tough to find an attorney to take the case on contingency.

If she can prove that he knew and passed this on to her? Then a large verdict (tens if not hundreds of thousands of dollars) is possible.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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