It's time for some Fox26Law. Our legal analyst, Chris Tritico, is here to answer your questions. Watch Chris every Tuesday and Thursday morning on FOX 26 Morning News in the 7 a.m. hour.
SHEILA'S QUESTION: Can one party retain 100% of community property? The Ninth District Court of Appeals ruled it was my 'burden to show proof of community'. The ex did not turn over one item of discovery, therefore, the burden of proof could not be met by me. He was allowed to keep our home and business. The ruling was based solely on his word and without discovery. I am now on a deadline to appeal, pro se, to the Texas Supreme Court. Any advice?
CHRIS TRITICO'S ANSWER: I do not know the procedural history of your matter, therefore, it is difficult to answer your specific question. Generally, in a contested matter it is your burden to prove the community nature of the contested property. While, the court should have order and used it's contempt power if your discovery was not answered, it appears that did not happen. It appears to me that you need to retain the assistance of counsel. If you cannot afford it contact the local law schools, the Houston Bar Association and the Gulf Coast Legal Foundation to see if they can assist you.
Disclaimer: Fox26Law is intended for general information purposes only and is not and not to be considered legal advice. Fox26Law is not intended to interfere with or replace an existing attorney client relationship. You are encouraged to seek the assistance of the lawyer of your choice for private consultation on specific legal issues.