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MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 751
Experience:  Founding Partner at Moises Law, P.A.
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Wife filed for divorce, I'm not contesting it, however, I do

Customer Question

wife filed for divorce, I'm not contesting it, however, I do want to receive one piece of my personal property back and also want to know what they are defining as community property and separate property, specifically that's pretty much it. no kids, no real estate, no real anything
JA: Because real estate 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: petition of divorce
JA: Anything else you want the lawyer to know before I connect you?
Customer: i'm military my wife filed the divorce
Submitted: 6 months ago.
Category: Legal
Expert:  MIAMILAW1127 replied 6 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

So, community property is anything accumulated after the marriage (after becoming husband and wife). Separate property is property that was owned prior to the marriage or accumulated during the marriage, but it was specified that it was only in one party's name.

Typically, you can divide property by agreement however you want (even if it is community property). Therefore, if your wife and you are in agreement that you can keep that one piece of personal property, then it shouldn't be an issue even if it is considered communal/marital property.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 6 months ago.
She took my gun that is registered in my name while I was deployed in Korea. That's the only thing I want back.
Expert:  MIAMILAW1127 replied 6 months ago.

The easiest way to resolve that would be if the two of you agreed on it.

Customer: replied 6 months ago.
she said she wants it "to feel safe" but again, it's registered in my name I don't want a firearm that is registered to me in anyone's possession but mine. Should I put it in the Respondent's answer?
Expert:  MIAMILAW1127 replied 6 months ago.

Yes. You should.

Expert:  MIAMILAW1127 replied 6 months ago.

She can always purchase her own firearm.

Customer: replied 6 months ago.
Agreed, again it is a firearm registered to me, I'm active duty military and she took it while I was out of the country without my knowledge or permission. I discovered it was gone when I returned home from Korea, asked her if she took it and she admitted to doing so and I told her to give it back and she said "NO". One other thing, would it be easier if I just file a police report as it being stolen since it is registered to me? And let it get sorted out that way?
Expert:  MIAMILAW1127 replied 6 months ago.

No. The police will not get involved in a domestic dispute like this. You can always try though.

Customer: replied 6 months ago.
Even though it is a weapon registered to me?
Expert:  MIAMILAW1127 replied 6 months ago.

Yes. The police are typically very reluctant to involve themselves in domestic disputes over property, but you can always try.