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Preserving Property During Divorce

Spouses living in Montgomery County, Texas should understand what restraints the county courts put on actions regarding property during divorce.  Montgomery County Courts at Law and the Montgomery County District Courts issued a standing order on March 11, 2009 that specifically lists prohibited actions against the property.

Under Texas Family Code Section 4.001 property means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

Some of the restraints listed in the standing order against property of one or both parties include:

  • Actions that change property value of one or both parties, including destroying, removing, concealing, encumbering, transferring, harming, or reducing property value
  • Actions that change property value, including destroying, removing, concealing, encumbering, transferring, harming or reducing property value
  • Misrepresentation or refusal to disclose the existence, amount, or location of property
  • Damage or destruction of tangible property or a document representing anything of value
  • Tampering with tangible property or a document representing anything of value that causes monetary loss
  • Selling, transferring, assigning, mortgaging, encumbering, or in any way alienating property
  • Terminating or affecting utility services, cable television, or other contractual services such as security, pest control, landscaping or yard maintenance

The courts also prohibit a spouse from excluding the other spouse from the use and enjoyment of the co-owned residence.  However, if a domestic violence is an issue, a spouse’s attorney can request a restraining order, which may limit access to the residence.

For questions about legal limitations involving property, it is always best to consult a Texas divorce attorney.

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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Lubbock. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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