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Divorce is hard—even when you know that it is ultimately the right decision. Finalizing a divorce can bring a tremendous sense of relief. With, it is not always the end of the road. You may be wondering: What are my options if my spouse is still taking things out of my house after our divorce is already finalized? He or she may be taking your property or even your pets. The answer depends on a few different case-specific factors. Here, our San Antonio divorce lawyer provides an overview of your options if your ex is trying to take things out of your house after a divorce in Texas.
Step #1: Make Sure You Understand the Terms of Your Divorce Settlement/Order
In Texas, a married couple presumptively owns an equal share of all property. The Texas State Law Library explains that the community property state holds that all property acquired during the marriage is, with few exceptions, owned equally by both spouses. Of course, that is no longer the case after a divorce. During the divorce process, property and assets should be clearly divided.
Before taking any action, it is crucial to revisit and fully comprehend the specifics of your divorce settlement or court order. The document should dictate who legally owns what and outlines the division of both assets and debts. Make sure you understand what you have full ownership over.
Step #2: Have a Conversation and Make Sure Your Ex Understands That They Need to Stop
That your ex is acting in an inappropriate manner does not necessarily mean that you cannot resolve the issue without serious conflict. If your ex is taking things without permission, a direct conversation might resolve the issue quickly. Communication is key. Approach the situation calmly and clearly. Remind your ex of the specific terms of the divorce decree.
Step #3: Take Legal Action to Protect Your Property and Assets
If a conversation will not stop your ex from entering your property—and/or if he or she refuses to return your belongings—it may be necessary to take legal action to enforce your rights. A Texas family law attorney can help. Your lawyer may start by sending a formal cease-and-desist letter drafted by your attorney. This letter will serve as a formal demand to stop the unauthorized activities immediately. Should the situation persist, you can file a motion with the court to enforce the divorce decree. No matter the circumstances, a San Antonio divorce lawyer can determine the best course of action to protect your rights and resolve the matter.
Contact Our San Antonio Divorce Attorney Today
At Hoelscher Gebbia Cepeda, PLLC, our San Antonio divorce lawyers are compassionate and solutions-focused advocates for clients. If you have any questions about your options or if your spouse is trying to take stuff out of your house after a divorce, we can help. Contact us today for a confidential initial case review. From our San Antonio office, our firm provides family and divorce services in Bexar County and all across the surrounding region.