Quote Quoting adjusterjack
View Post
First thing you (she) has to understand is the difference between community property and ownership. He owns the house in his name. He owns the car in his name. She has no "ownership" interest in either and he is free to sell either or both.
I'm surprised that you got that wrong, Jack, considering that you live in a community property state. Community property is a system in which both spouses own an interest in the community property. Unlike other states (equitable division states) in which marital interests are only taken into account when dividing up assets in a divorce, in a community property state the spouses have an actual property interest in the property during the marriage. Just because those things are titled solely in his name does not mean that they are his separate property. They may well be (and likely are) community property. And if they are community property, he does need her consent to sell them — so if the buyer is at all knowledgeable about community property laws in that state they won't touch it without her consent.

Quote Quoting adjusterjack
View Post
And, no, he does not have to abide by the TRO until he is served. Whether he as to abide by it at all after being served depends on the terms of the TRO. Does the TRO mention the house and the car specifically? Or is there some other wording that would not prevent him from selling what he owns?
The post suggests the TRO is already in place, and thus he must follow the TRO. I think what you meant to say is that whether the TRO affects what he can do with the assets depends on what the TRO says about that. Very likely it does not address it.

What hasn't been served yet is the divorce complaint. And I agree with you and Budwad that the TRO would not stand in the way of getting him served with the complaint.