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  1. #1
    Join Date
    Oct 2014
    Posts
    1

    Default Husband Won't Let Me Have My Belongings After Separation

    My question involves a marriage in the state of:Tx

    This is kind of complicated. I'll briefly describe the circumstances then ask my questions.

    My husband is a well estabilished atty in a small town.
    We were having an affair when his wife died. We started living together 2 wks after she passed away and married 3 mos later. I was an escort and he hired me for my services is how we met. He caught me smoking meth once about a month after we married and I quit. And 3 months after we were married I was diagnosed with Stage 3 lung cancer. My prognosis is 25% 5 yr survival rate. I have never been arrested for drugs but I did have several traffic warrants for unpaid tickets and we had been paying them off, I have 1 left I think.
    I also received 2 tickets shortly before we seperated for speeding and driving with suspended license which I wasn't even aware it had been suspended until then, apparently for surcharges due to no ins. Ticket.

    We seperated 1 wk before our 1st anniversary, due to his 4th, I call them psychotic episode, but this one in front of my grandchildren. He got very angry at me for ' not disciplining' my 2 1/2 yr old grandson the way he thought I should, which was spanking him. I had just put him in time out and he was crying and he told me to go spank him to make him stop crying. I refused so he headed towards him saying well if you won't then I will. I chased after him and intervened, which resulted in him hitting me very lightly twice on my chin and him yelling and screaming all kinds of mean and hurtful things about me, my kids, and my grandkids right in front of my 11, 9, and 2 yr old grandkids.

    We were on vacation 5 hrs from home and had just gotten there and he said if I couldn't control my g kids, then we're going home because he wasn't going to put up with it. The next morning I told him we should leave because there was no way I could prevent a 2 yr old from acting like a 2 yr old.
    Anyway when we got home I was able to pack a laundry basket and our vacation clothes into my old car and i left him. It was a big ordeal but I was truly afraid of him and was not going to remain in that situation.
    2 days later he shut off my cell phone, called cps on me and served divorce papers on me.
    My daughter had just gone to prison for probation violation and her bf and father of one of her kids was keeping the kids. He was working out of town for the summer so I went to his house with the kids when I left.
    And that night after the kids went to bed I called a friend and I used for the first time in a while. So, I tested positive when cps tested me and i had to leave thier home and am only allowed supervised visits with them.
    My husband has been very mean and hateful alternating between begging me to come home.
    That was 5 mos. Ago when we seperated and he still has all of my belongings, refusing to let me have them until the divorce is final . Including my oxygen and some of my meds.
    I found out through checking his email, which he gave me his password because it was my responsibility to check it when I wasn't to sick to work in the office, that he was corresponding with and saw 2 different prostitutes at least 3 times within the first couple of month's we were separated. He then admitted to me that he has met a new woman that he is seeing about 2 mos ago, which im glad because he now leaves me alone.
    We have very little community property but I feel I should get half of. We bought a used boat, a gun, security webcam and a few other items totaling all together about $1200.
    He also bought me a used car, $7500. And we bought a new t.v. we gave my old car and my old tv to my daughter. We put the car in her name. I am driving it now because it was being stored at our house and that was what he made me leave in.
    So, I feel like I should get the car he bought me and a tv since I came into the relationship with both of those.
    I also got rid of most all of my furniture, all of my appliances, and small appliances like coffee maker, microwave, etc. when I moved in with him. So I now have nothing and he has everything.

    I am on SSI benefits and cannot afford an atty.
    I did file an answer within my 20 days. I really didnt know what I was doing, it was just a handwritten answer stating that I didn't agree with the divorce petition,
    And I mailed a copy of the answer plus a list of all of my personal/ seperate property that he is withholding from me plus a list of community property which I feel I should get half of or all of it.

    Ok here's my questions- what are the chances of me getting the vehicle with a suspended licence? My plans were to sell it and pay off my surcharges and get my license re instated. That is the only way I'll ever be able to take care of that situation since I cant work and on such limited income.

    Receiving half the value of our measly community property, I was told that since I have a 'history' of drug use its unlikely I'll be awarded cash since I might go out and buy drugs with it.

    Isn't it going to look bad on him that hes keeping all of my belongings from me until after the divorce is final.

    Will I get a fair trail since he knows the judge?
    He says he cant wait to get me on the stand and under oath and he says he has witnesses but I dont know what they'd witness about?

    Can I use his emails regarding him contacting and seeing prostitutes and his admission to seeing a new woman as evidence of adultery?
    Our final hearing is early Oct.
    Should I have also filed a counter petition and if so is it too late to do so?
    Is there a form I should fill out stating what I want out of the divorce to give to the judge or his atty?
    Please dont tell me to hire an atty THERE IS NO WAY I CAN AFFORD ONE. And I did apply for legal aid help but was denied.
    And I consulted with an atty for advice last week, biggest waste of $75. I didnt have. He basically told me how good my husbands atty was and how tough the judge was. And that I needed to do a Summary of Requested Release which I cant find any info about on line.

    Thanks in advance for any comments or suggestions.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Husband Won't Let Me Have My Belongings After Separation

    I suggest seeing if you can get help from additional possible sources of free or affordable legal services, or from a lawyer who will seek legal fees from your spouse or is willing to take his fees from any eventual judgment or settlement.

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