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I am in Ft Worth, Texas and in the midst of a marital

dissolution. Carolyn asked that a...
I am in Ft Worth, Texas and in the midst of a marital dissolution. Carolyn asked that a divorce petition be filed and i filed it, about September 25, 2016. The petition was served 11/16/2016, response to the court 2/1/2017. There is a prenup. The house is my separate prior property. Carolyn had 20 days past service to be out. She was asked multiple times to move out. Once she told me he was saving her money. Later I found she had $46,000. As per my attorney, at the time i locked her out 1/13/2017.Strange legal concepts began to appear. I called the police because, after being gone days or weeks she appeared and demanded entry, now, to take unspecified items, with no witness. The police said she could break every window in the house and they would do nothing. On June 4 we were supposed to meet at a storage facility, 10 am. Carolyn did not show, logistical mover problem, but the nest day she cut the locks and took almost all she wanted. I caught the burglars. Burglars can be shot. I had the means to do that. Carolyn was no where to be seen. The police did nothing, based on the theory that it was all community property and she could do what she wanted, no mater what the order said. It does not appear that there will be a penalty, at all to anybody.Do you suppose that the court is telling everybody they need not obey orders?I call this VooDoo Law, it belongs in the jungle where the biggest and most vicious rules.Surely you know that the police are grossly biased toward females. Now, I will not talk to an officer about a female, if I do not have a recorder, the police will lie.Carolyn and the police tried to orchestrate an Armed Robbery here.1. Is this "law" in the code and if so where?2. What are my options?3. As I understand the police view (they would not like it), I can take the grinder that Carolyn used to cut my locks, cut the lock off her apartment and take what I want. By the same token, she could drive a moving van up to my house and empty it. (Beware of the criminal code.) This feels like it came from some police officers who felt inadequate and untrained to sift out these matters so thy concocted this....The DA went along because he did not want to mess with it. is this close?4. How is it successfully challenged.
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Customer reply replied 10 months ago
Thank you.I am aware that are some difficulties.
Customer reply replied 10 months ago
I bid $100.00. I did not see where to edit?
Answered in 22 hours by:
9/8/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,222
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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You would have right here to have court order return of any of your separate property and half or half value of community property under the Texas Family Code.The problem with locking her out here is you did not give notice and file forcible entry and detainer.She was a guest and month to month tenant.Thats why she had right of entry because she was never noticed and evicted under Texas law.Legal eviction would have prevented reentry here.

Texas is what's called a community property state. This means that all income earned and property acquired by either spouse during the marriage is community property and belongs to both spouses equally, so it must be split equally between the spouses when they divorce. Likewise, all debts that either spouse incurs during the marriage are considered community debts and belong to both spouses equally. However, if there are “just and right” reasons why the assets should be distributed differently, then the court may order an unequal result.

The court begins its evaluation with a presumption that all property held by either spouse during marriage is community property. Texas law defines community property as any property acquired or earned during marriage that isn’t separate property. A spouse who wants to keep an asset free from division must prove by clear and convincing evidence that the asset is separate property.

Separate property includes anything that belonged to one spouse before marriage and was kept separate throughout the marriage. It could also include property that was given only to one spouse during the marriage--for example, a gift made by a friend or family member to the husband alone, or an inheritance that the wife received from a relative.

The prenup should have addressed this, again divorce court can enforce the prenuptial agreement.

Please don't shoot the messenger here.Let me know if you have more.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 10 months ago
The prenup specified that there was no community propertyand we intended to create none. The prenup also specifed that she had 20 days to leave. Carolyn requested divorce. I had asked her 4 times in writing to move. She did not. Once she claimed no money. She had $46,000 in checking. As far as I can tell, if property disappears, it is gone. There was an order to mutually move property 6/3. She was no show, but the next day she cut the locks and emptied it. The court has done nothing. Does this info affect your response.

No you still had to evict her if you want police to protect a reentry.You can change locks but she could have broken in and stayed until evicted.You can put that in the prenuptial agreement but it will not hold water legally until you evict her.Have you asked for a hearing on these issues and orders from the court.You say the court has done nothing, it is your burden here to file for contempt or other order requiring her to return your stuff.The court only takes action when you file something and request it.I suggest that her as your next step.

I am sorry she did this to you here.It is a terrible thing but you have remedies in court.If you don't have a lawyer here you need one and you can seek legal fees and costs as well.You also have right to sue her personally as well for judgment for value of your possessions.

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Customer reply replied 10 months ago
Is she free to commit burgulary? The police would did nothing, claiming it is all community property.The Penal code says burgulars can be shot.Tell me the eviction issue again. She had left and I let her returrn if and only if she was wiling to use the Book Surviving an affair by dr. Alex Harley. Harley has several CRITEREA, one is, No LYING. Most liars are subtle, and will say they will tell the truth and may for a while. (Carolyn claimed to have read the book 4 times. I wonder if she lied) Out front she said she would not quit lying. Hmm....
Customer reply replied 10 months ago
If the issue of criminal acts, ie burglary, has been answered been answered, I cannot find it.If I commit burglary, I should go to jail, or if the owner is there he may shoot me.What is the course of action to hold Carolyn accountable for a felony, burglary. If the answer is, she won't he held accountable, ie "Voodoo Law" please send the statute.

If it has been less than 30 days since she was locked out then she can still return to the house and that includes breaking into it.After say 30 days arguably she abandoned the premises.Again this situation with your property is different because she was a guest aka month to month tenant and you have to evict them.

Now if you go to her house and you never lived there thats different that burglary.She isn't allowed to shoot you unless she is in fear of her life.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm

If you had evicted here then you are allowed to call police and enforce trespass and potentially defend your property under the law.

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Customer reply replied 10 months ago
When Carolyn burglarized the storage facility she had been out of the house from January 13, 2017 to June 3, 2017. There was a Court Order, related to the storage facility, which said we were to meet at the storage facility June 3, 2017 at 10 am. Carolyn was a no show (one of many). She called about 1.5 hrs later and claimed the mover had a logistical problem and might be available in the afternoon.. No confirmation. Between 0918, 6/3/2017 and 0911, 6/3/2017 she made 17 calls to the mover. Why? Something is wrong. I have wondered if she did not have a reservation. I'll request records. Keep in mind there were at least 6 prior move requests and agreements. They were all No Call/No Show/No Show unless Carolyn had set them up so I would not be there. I now know I could have let the stuff be gone. From the security video, at about 2000, I watched movers cut an internal lock. They had to lie on the ground, put their hands inside a 6 inch crack (the door would only raise only 6 inches, with the second lock in place.) Then the burglar had to feel around, find the second lock, and use a grinder to cut a boron-carbide shank on a lock which he could not see. I think they billed for a days work when they were there 2 hours. I was never called and told that movers had arrived. Nor was I asked if I would open he door. At that time I would have grumbled and done it. The next day (June 4, 2017) movers were back and forth taking property to Carolyn's apt. (Contrary to the order. It is on the video). By accident, I went by he next day (7pm?) to check. I had recieved no call about anything since about noon, 6/3. At about 1900, I found 5 movers and a truck, and an almost empty facility. If I had it to do again, I would fire on (Kimber/Covert, 45 acp) the two that ran. Much of that property is in Carolyn's apt. Some is in a second storage storage facility. (I have the police report)I wonder if Carolyn set all of this up so Rob would not know anything about it when she emptied the facility.In the prenup, Carolyn claimed he had no life insurance. I found a $400,000, whole life policy. (Action?) Is it up to me to request action from the court. I fired my original lawyer when he ignored 6 requests for a restraining order and four requests to change to an Annulment.At his moment I have no confidence in the system and would be glad to tell the court and why.How is Carolyn to be found criminally accountable.

Well you are able to raise it with divorce court if she took community or your separate proeprty you are entitled to value of it or return of property.Ask for a hearing on the matter here.Apparently the police saw this as a domestic /divorce civil issue.I am sorry I wish they would have done something.

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