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Can the court stop destruction of marital assets in a divorce?

One common issue for people who are going through a divorce is that of property division. As sad as it is, some people have to worry about what their ex will do with the community property during the divorce. Some spouses might try to sell property or destroy the property during the course of the divorce. Texas law does provide some protections from this and other issues. Our readers who are worried about that should read through these answers and get any other questions they have answered quickly.

Can the court stop destruction of community property?

The court will usually issue a temporary restraining order as part of the routine orders at the start of the divorce process. This restraining order usually lasts 14 days, which gives the court time to have a temporary orders hearing. This order prohibits the spouses from destroying property or harassing each other. After the temporary order is issued, a temporary hearing can be scheduled to set the ground rules for the divorce. The orders that are handed down at this hearing last through the duration of the divorce process.

What is community property?

Community property is property that you and your spouse acquired during the marriage. This includes not only assets, such as homes and cars, but also debts, such as the mortgage and the car note. It is vital to care for community property during the divorce so you aren’t held liable for the value of the property.

Property division can be difficult, especially when you and your ex can’t work together. Having someone on your side who is familiar with property division and restraining orders can help you ensure you remain protected throughout the divorce process.

Source: The Texas Young Lawyer’s Association, “What to Expect in Texas Family Law Court” accessed Jan. 23, 2015

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