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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27647
Experience:  Attorney with experience in family law.
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I have been married for 10 years and had a business with my

Customer Question

I have been married for 10 years and had a business with my husband he made me move out now he his filling for divorce what can I do to protect myself from being left out in the cold. I am still working in the office and he is paying me to work but nothing outside of that he kept all the money and business over to his name.is can't afford an attorney but he can
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: His lawyer sent the information papers today for him to fill out to file and he wanted me to do it for him. The nerve right
JA: Anything else you want the lawyer to know before I connect you?
Customer: The business has been in my name for over 10 years and we switched it to his name and the bank to his name and after we did that in the bank he told me to pack my stuff and get out and he now has his money and business
Submitted: 22 days ago.
Category: Family Law
Expert:  Lucy, Esq. replied 22 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

All the money in the business accounts is community property, and you are legally entitled to half of it. When deciding who has a right to property in a divorce, it is not relevant whose name is ***** ***** - only when it was acquired. If you can establish that he knowingly enticed you to move the accounts into his name because he was preparing to divorce, you could actually get a judge to order that everything be transferred back. It may also be possible to get an order reinstating your role within the business if you want to continue working there during and after the divorce.

On top of that, he doesn't have any right to toss you out of the marital home with nothing. You actually have a legal right to simply go back - it's your house. He can't unilaterally decide that you don't get to be there. (But please consider whether there will be any threat to your safety before you simply walk back in.) You can file a Motion for Use and Possession of the Marital Home, asking the judge to order him to let you back in.

You also have a right to file a Motion for Attorney's Fees. The law wants spouses in a divorce to be on equal footing. It's not considered fair for one spouse to hoard all the community property and spend it on a lawyer while leaving the other to fend for themselves. Most lawyers will file the motion for you after you hire them. You may also be able to find a lawyer who will agree not to require any payment until you get money from your husband. That should be your starting point. Divorce can be very frustrating and emotional, and having someone who know the law to argue on your behalf can be extremely helpful.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 22 days ago.
The day after he three me out he went and bought a Mercedes Benz and made me get my phone in my own account my insurance and my place while he still has the boat and golf cart and all the tools trucks and trailers plus I designed our logo and website and he changed the password
Expert:  Lucy, Esq. replied 21 days ago.

I'm sorry to hear that he did that.

Do you have any specific questions about the information I gave you regarding your rights as a divorcing spouse?

Expert:  Lucy, Esq. replied 20 days ago.

Do you have any other questions about this?