What to do in a divorce if one spouse claimspersonal propertythat the other spouse doesn’t have?

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What to do in a divorce if one spouse claimspersonal propertythat the other spouse doesn’t have?

I filed for divorce. My husband filed a counter petition for divorce and wants his belongings back. He is locked up for years. I don’t have but a few of his belongings. Does he have to prove that I have what he claims that I have? How can he fight me in court from another state while incarcerated? Before being locked up he gave his sister Power of Attorney. Can she stand in his place in a court of law? I’m worried because I don’t have what he is claiming I do. All I want is this divorce and to get on with my life.

Asked on October 18, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Both of your petitions require that you file an answer.  Do you have an attorney?  Did he file the petition on your behalf?  Then he or she should file an Answer to the petition and list in your answer the belongings that you have and state that these are all that you have.  That you have no knowledge of the whereabouts of the other belongings he claims are in your possession. If you don't have an attorney go down to court and file the answer with the clerk pro se and follow the above.  Yes, his sister can act on his behalf with a Power of Attorney and her limitations are limited as to what the purpose of the POA is (some are for general purposes so they are far reaching).  If you can seek legal help. Good luck.


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