am I allowed to use our boat?

UPDATED: Sep 30, 2022

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am I allowed to use our boat?

I filed for divorce we have not gone to
court for anything yet. Can my husband
keep me from using the boat we
bought during marriage?

Asked on July 23, 2016 under Family Law, Texas


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

Answered 6 years ago | Contributor

Until there is an order in place which says that one of you has an exclusive use of anything item in the community estate, then either party can use the property.  With that in mind, if you have the boat and want to go use it, you can use the boat.  The exception is when one party is using the boat... the other party cannot take the boat from the other party.  One party's desire to use an item will not trump another party's desire. 
If the party's cannot workout their differences, then either can petition the court to impose rules to set out who can use it and when.

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 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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