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community property..... got some questions


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Posted

Ok when I got served the divorce papers it stated in there that you cannot remove community property from the home....well my stbxh removed 2 guns that he had bought with our joint tax return from this year....he bought himself a .45 cal. Kimber and me a .40 cal glock as a gift....I was served august 11th I think and he removed them and took them to his parents home in central ca on august 20th......now is that breaking a law since I have proof he did that? I am also sure that he is sending money to his mother to hide so he dosent have to pay that much in child support while I am having to support myself...I quit my job since I did not want to have to work with my rapist, supporting 2 children, one of whom I get nothing from her bio dad, I am looking for another job and all he is paying me is 196.80 split up on the 1st and the 15th....also he is trying to get half of my wedding rings since they are worth a total of 4 grand....I had wanted him to find a new place for his dog to stay, but he refused and used the fact that she is community property she cannot leave the residence...I'm hopeing someone can answer this for me since my lawyeris being kind of vauge.

Posted

First of all your lawyer should know that information if he practices law in your state. You may think about another lawyer if he doesn't answer your questions. It depends entirely on what your state laws say about marraige and divorce. In Texas everything you accumulate while being married is community property so half of the worth of the guns would be yours. Anything you bring into the marraige would belong to you. I have been very busy researching Texas divorce laws on the internet because I'm expecting my wife to file soon. Good luck and be proactive!

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Posted

Yeah well I told my lawyer and my stbxh is playing that since he boght them they are his and he's like well what do you want with a gun, but again my lawyers is being vauge kinda like he also wondering why I want a gun.....and I've already paid for his services, he's been my lawyer since august. My stbxh also spent the other part of our jointly filed tax return to pay off his credit cards...is there any way I can get my equal part of that money or am I sol?

Posted
Yeah well I told my lawyer and my stbxh is playing that since he boght them they are his and he's like well what do you want with a gun, but again my lawyers is being vauge kinda like he also wondering why I want a gun.....and I've already paid for his services, he's been my lawyer since august. My stbxh also spent the other part of our jointly filed tax return to pay off his credit cards...is there any way I can get my equal part of that money or am I sol?

 

Have your lawyer (who sounds like you may need to get into his face to get attention) bring it up to the judge...it is nobody's business why you want a gun! The debt that you have at the time of filing can be considered split no matter whose name it is under so I wouldn't fight about the return from last year. Make sure that the judge rules on the upcoming taxes though because you should still recieve 50% and hopefully the divorce is final before January so next year you can file single with 2 dependents with the girls. Good luck SM

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Posted
Have your lawyer (who sounds like you may need to get into his face to get attention) bring it up to the judge...it is nobody's business why you want a gun! The debt that you have at the time of filing can be considered split no matter whose name it is under so I wouldn't fight about the return from last year. Make sure that the judge rules on the upcoming taxes though because you should still recieve 50% and hopefully the divorce is final before January so next year you can file single with 2 dependents with the girls. Good luck SM

 

Thanks and I do I go about filing for this year? I mean when I was working I bought everything, so can I use that to claim both my girls?

Posted
Thanks and I do I go about filing for this year? I mean when I was working I bought everything, so can I use that to claim both my girls?

That you will have to speak with your lawyer and the judge about...I don't know if you will get to claim both girls, married, etc... go to a real CPA for filing (not one of those HRblock or something like that...they rip you off!). Make sure that you have all your reciepts and get the deductions you should.

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Posted
That you will have to speak with your lawyer and the judge about...I don't know if you will get to claim both girls, married, etc... go to a real CPA for filing (not one of those HRblock or something like that...they rip you off!). Make sure that you have all your reciepts and get the deductions you should.

 

I have kept every reciept........and since he left its about 4 grand taking care of the house, food, kids, and the dogs.........who one of them is his.

Posted
I have kept every reciept........and since he left its about 4 grand taking care of the house, food, kids, and the dogs.........who one of them is his.

 

If he has not contributed for the house and kids then he will to give you more in pay than just child support...well hopefully...hang in there...you sound more stable than I was when all this started for me.:)

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Posted

I'm more stable in this aspect of the divorce since to be a female in the military you have to be able to take care of yourself and hold your own since many males do not believe you should be there.therfore I know I can monetaroly and physically take care of my self and my children...but on the other issue not doing so well

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