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My wife and I are divorcing. This was filed on August 9,

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My wife and I...

My wife and I are divorcing. This was filed on August 9, 2017. The court date is October 27th, 2017. She was driving a vehicle throughout most of our marriage that's in my name. She doesn't own the car, or make payment. I took the car, and i bought her a new one so i could have the one she was driving before. She has The extra key for it, and took it without my permission lastngiht, after I bought her a new car 4 days ago, the new car she wanted me to get her. I called the police and they said there is nothing that can be done because we are still legally married. Is this correct? I'm located in Allen Texas.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Allen, Texas.

Lawyer's Assistant: Have you talked to a lawyer yet?

No I have not. I don't have a lawyer yet for my divorce. I believe she hired one.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope. That's everything.

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
9/29/2017
Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Yes, that is correct. All property acquired by either party during a marriage in Texas is legally community property belonging to both of you. It makes no difference whose name is ***** ***** Also, once spouses have filed for divorce, it's up to the judge to divide property - police really don't want to get involved. You can file a Motion asking that she be ordered to return the car (or the other one, if she currently has both). You can ask the judge to order he to pay you half the equity in whichever vehicle she wants to keep.

You could also go get the car, if it's parked in a public police. But that doesn't stop her from coming and taking it again, so it doesn't really solve your problem long term.

The new car is also community property, because you're still married, so the same rules apply.

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.

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Lawyer: Lucy, Esq., Attorney replied 8 months ago

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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