Q: My soon to be ex husband is in jail. His parents have his truck. They are refusing to give it to me. What are my rights?
I filed for divorce last month. but we are still in the process and are still technically married. he is in jail due to abuse towards me. Can i pick up the truck from his parents house while he’s in jail? and if so, should I bring an officer with me to pick it up?
A:
If the title to the truck is in your husband's name, it is presumed to be subject to his sole management, control and disposition. Tex. Fam. Code 3.104. Therefore, if he has authorized his parents to possess and use the truck, his parents have a superior right to possession of the truck unless the divorce court has awarded you temporary use, possession, and control of the truck.
You should have your divorce lawyer request temporary order awarding you exclusive temporary use, possession, and control of the truck before attempting to take possession of the truck from your in-laws.
A: If it was bought during the marriage it is community property. Take a officer with you
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