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#1996527 12/21/07 12:18 PM
Joined: Nov 2007
Posts: 65
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WW has been out of state since the 10th. This has been happy fun time with OM. I received a TM this morning asking me to let her come home(she said the house) for a few days to spend time "with my kids". She asked me to leave which there is no way in ....

I was actually considering changing locks but I am not sure where I stand legally. Anyone have any idea? I am in Texas.

Thanks,
FT

Joined: Dec 2006
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Be careful and call your Atty asap before they all take off for the holidays.


Me:52
W: 52
Married: 32 yrs
2 Sons (29 & 23)
1 Dtr (20)
1 GDtr (2.5) precious little girl
Joined: Dec 2007
Posts: 63
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Texas is community property state. Meaning, if the house is acquired during the marriage, it belongs to both spouses.

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My advice is to call an attorney ASAP for accurate legal advice for your state.

With that being said - here is what I would do (not an expert)

Change the locks.

I believe legally, you only have to have a reasonable excuse as to why you did it.

What if it has nothing to do with her - what if you just decided the old locks were not good enough - crime in the area, etc.

What if that darn old lock just got sticky - or had a key broke off in it?

Change the locks.

DO NOT let her chase you out of your home.

She may get the home or part of the home in the divorce -but that is a different issue.

My WH was messing with my truck - I called the sheriff - because he was a co-owner the sheriff said she could ask him to leave but technically the truck was community property.

I called my lawyer - it is not as cut and dried as that. My WH had been out of the home for a few months (the truck was parked at my home during the incident). The argument could be made regarding abandonment and the person who continued taking care of the responsiblity or in who's possession the item currently is - holds more weight than someone who abandoned and then comes back to wreak a little havoc.

In closing - check with an attorney ASAP.

Fox

Oh yeah, change those locks!


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