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I was married and living with my husband up until this past January. He pretty much forced me out of the home, leaving all my possessions there. I had to go out of state to stay with family until I could get back on my feet since I left with nothing. I spoke with him shortly after I left and he said he'd ship my stuff to me which he never did. Leaving the way I did, with nothing, and having to start over, I cannot afford an atty and they will not represent me for free in Texas where I am now.

My question is, since he forced me from the home so suddenly, can he just claim that I abandoned my possessions and had every right to do whatever he wanted with them? Do I have any claim to what was left there or at least the value of it? I understand once I go thru divorce I'll get 50% of the assets of the house but at this point, I can't afford to file for quite awhile and by the time I do, I'm afraid he'll have gotten rid of everything to hide what the home and contents are really worth.

2006-09-15 04:29:13 · 3 answers · asked by ~cardmt~ 3 in Politics & Government Law & Ethics

I lived in New Jersey with him

2006-09-15 04:29:33 · update #1

3 answers

The divorce can probably be filed in either New Jersey or in Texas, depending on whether you have established permanent residency in Texas. Texas is what is known as a common property state. New Jersey is not.

That being said, you need to consult with an attorney, and you will have to find some way to pay them. If you don't have a job, then you need to get one.

You need to get your family to assist you with a retainer for an attorney, so that they can file for divorce, and can obtain a restraining order which would prohibit him from getting rid of assets, or at least make it easier for you to recover value once the divorce is granted. The home is *probably* titled in both of your names, which means he can't sell the home itsself without your consent.

Again, if you are really concerned, you need to find the way to get the funds to retain an attorney. If you don't know an attorney, consult your local or state bar association for a referral (Texas or New Jersey)

2006-09-15 04:36:51 · answer #1 · answered by Phil R 5 · 0 0

I really feel for you. To me your only option is to speak to an attorney at law. There are some out there that will take there $$ bit when they win the case. See one and talk you may be lucky.
All the best and good luck.

2006-09-15 04:35:45 · answer #2 · answered by Anonymous · 0 1

http://www.freeadvice.com/

http://www.law.cornell.edu/wex/index.php/Divorce

http://family-law.freeadvice.com/divorce_law/

http://www.law.cornell.edu/topics/Table_Divorce.htm

2006-09-15 04:33:32 · answer #3 · answered by Anonymous · 0 1

fedest.com, questions and answers