How can I make my husband return my personal property owned prior to marriage?

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How can I make my husband return my personal property owned prior to marriage?

My divorce has been going on for 2.5 years with no resolution in sight. He has been sited with 5 counts of contempt and 1 count of perjury (fined for all) yet this hasn’t convinced him to follow any of the orders (retention of my property is only 1 issue in a long list of others). Can I sue him in small claims court for my property (valued at approx 10K) prior to the divorce becoming final?

Asked on November 27, 2011 under Family Law, Texas

Answers:

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 10 years ago | Contributor

You cannot sue him in small claims court for failing to give you possession of your separate property.  Further all small claims court will do is give you a judgment, a piece of paper, that states that he owes you a sum of money.  You would then be in the same place you are at the present time.  You need to rachet up the pressure and request that the court place him in jail for his failure to obey a court order. 


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