am I allowed to use our boat?

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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

Answers:

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

Answered 5 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.
 


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