What are my rights by law in this matter?

UPDATED: Sep 30, 2022

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What are my rights by law in this matter?

I have been married for last 22 years and have recently seperated from my wife. I temporarily moved out of my house to let my wife figure out when and where she would eventually be moving. My name is the only name on the lease and i currently pay the house note every month. Under the agreement that all my property would be locked up in my shop thats located outside, next to my house. By law what are my rights and how should I proceed with the knowledge that my wife and possibly 2 others have

recently broke into my shop and stole my personal property side-by-side 4-wheeler?

Asked on April 29, 2017 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You still have the full right and access to everything in your shop and the house.  If anything was purchased during the marriage, then she has the same right and access to possess it, move it, or sell it.  If you think she is selling off assets, you either need to move the assets to a different, but safe, location....or file for divorce and ask for a restraining order which would prevent her from selling any other assets. These types of restraining orders can usually be obtained fairly quickly. 
If your wife claims that "someone" broke into the shop and stole certain items.... and she was not involved....then you should file a report with the local law enforcement and file a claim with your insurance.  The fear of facing a fraudulent insurance claims usually motivates the offending parties to come clean and return the items they took.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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