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Can I get a temporary order to protect my property? It’s a common—and important—question when a divorce shifts from paperwork to conflict. Shared assets can quickly become targets of tension, especially when emotions escalate. One spouse might drain a bank account or damage valuable items—not always out of malice, but often driven by stress or fear. Texas courts recognize these risks, which is why they allow temporary orders early in the divorce process. These court-issued protections can set clear boundaries and help preserve property before permanent decisions are made. Knowing when and how to request a temporary order to protect my property can prevent greater losses and bring stability during a chaotic time.
Divorce in Texas: What You Need to Know About Property and Protection
Divorce in Texas involves more than just waiting for a final judgment. Each case progresses through clear stages, much like a work project or school assignment. However, this process affects your personal life in ways no other task can. When divorce becomes part of your life, the case often includes two major parts: dividing property and settling child custody.
Understanding how Texas handles these two pieces will help you stay prepared throughout your divorce. That means knowing what the law says, what to expect, and how to protect yourself during the process.
The Mandatory Waiting Period in Texas
Texas law requires a 60-day waiting period after you file for divorce before a judge can finalize it. This rule gives both spouses time to decide if divorce is truly the right path. It also gives space to resolve matters through negotiation instead of trial.
While the minimum wait is two months, most cases take longer. You’ll need to prepare for this timeline mentally and financially. Some cases move forward quickly due to cooperation, while others stall due to disagreements over property or custody. Staying involved and informed will help you handle each phase.
How Texas Views Marital Property
Texas is a community property state. That means the law presumes that all property either spouse acquires during marriage belongs to both parties equally. It doesn’t matter whose name is on the account or title.
Examples of Community Property
- Salaries earned during marriage
- Homes purchased after the wedding
- Bank account balances funded during marriage
- Retirement and investment growth during the marriage
- Cars, furniture, and even collectibles
You will need to gather documents and account statements to prove what was acquired during the marriage. Clear records will help your attorney argue for fair distribution if your case goes to court.
Separate Property: What You Keep
Property that belongs to one spouse individually falls under the category of separate property. This includes assets you owned before the marriage, inheritances, or gifts given to you alone during the marriage.
However, you can’t simply say something is separate. You must provide evidence to back your claim. This might include receipts, titles, or bank statements that show the asset existed before the wedding or was acquired as a gift or inheritance. Without proof, the court might label the property as community, which makes it subject to division.
Why Protecting Property Matters During Divorce
Some people enter divorce expecting a civil and respectful process. They believe their spouse would never damage, hide, or misuse shared property. While some divorces remain peaceful, many take a sharp turn when stress, resentment, or financial strain builds.
Even if you trust your spouse today, you can’t predict how emotions or legal pressure will change behavior. Some people act out of fear, revenge, or panic. Courts recognise this risk, which is why they allow for temporary orders early in the case.
What Temporary Orders Do for You
Temporary orders provide protection during the divorce, before final decisions are made. These court-issued rules can include limits on spending, rules for custody, and protections for shared property. You and your spouse may agree on these terms or ask a judge to decide.
Typical Temporary Orders Include:
- No harm or harassment toward the other party
- No destruction, hiding, or misuse of property
- Exclusive use of the family home by one spouse
- Temporary child support and visitation schedules
- Restrictions on spending beyond regular expenses
These rules help keep both parties in check while the case moves forward. They also reduce the risk of further conflict or financial damage.
A Real Example of Property Trouble During Divorce
A past client of ours learned the hard way that trusting a spouse during divorce can backfire. He worked out of state in the oil and gas industry, which kept him away from home most of the time. His wife remained at home and didn’t work, while he supported the family and paid all bills.
The divorce began like many others. Both parties had lawyers. They agreed to basic temporary orders without needing a court hearing. These orders covered standard protections, such as banning either party from damaging shared property or speaking poorly about each other in front of their child.
For a time, things went smoothly. However, tensions rose when the wife began making unusual demands. She asked for higher child support and limited access to their son. These sudden requests created conflict and concern. The case took a sharp turn.
The Incident With the Safe
The client kept a gun safe in the bedroom closet where he stored cash. His wife didn’t know the code and never showed interest in it. After returning home for a short visit, he noticed the keypad had been damaged. When he opened the safe, he discovered thousands of dollars were missing.
Confused and concerned, he asked his wife if she knew anything. She denied it. Then he called a local locksmith to repair the lock. That call revealed the truth.
The locksmith had already been to the house. The wife had contacted him, claimed she forgot the combination, and convinced him to break open the safe. She took the cash without telling her husband.
This act violated the temporary orders. She had damaged property, misused community funds, and lied about it. After we contacted her lawyer, she returned the money. Still, her actions impacted the rest of the case. Our client gained leverage in the final negotiation because of the violation. The temporary orders gave us a legal basis to hold her accountable.
Why These Protections Matter for You
Temporary orders aren’t just paperwork. They have legal weight. Violating them can result in penalties, loss of credibility, or a weaker position during settlement.
You may think you don’t need these protections because your spouse has always respected your belongings. That’s the mistake our client made. Even stable relationships can unravel when legal matters and money enter the picture.
Court Expectations About Money and Conduct
Courts in Texas understand that people need to spend money during a divorce. You can use funds for reasonable living expenses and attorney fees without breaking the rules. You cannot make major purchases or drain accounts to punish your spouse or benefit yourself unfairly.
Each spouse must also complete and submit an inventory of assets and debts. This must happen before mediation or a temporary orders hearing. These documents go under oath. Lying about assets or leaving out debts can hurt your case later on.
Exclusive Use of Property During the Case
Temporary orders often grant one spouse the right to stay in the family home during the divorce. This arrangement prevents conflict and allows at least one spouse to live in a stable environment. The order does not guarantee that spouse will keep the home after the divorce.
You may also request exclusive use of other property, such as vehicles or accounts. Courts usually approve reasonable requests unless they disrupt the other party’s ability to live or work.
Final Thoughts: Stay Proactive and Prepared
Divorce in Texas brings emotional, financial, and legal challenges—especially when it comes to property disputes. One of the most effective ways to safeguard your assets is by seeking a temporary order to protect my property early in the process. These court-issued orders can establish clear boundaries, prevent asset depletion, and maintain stability while the case is pending. Start by gathering complete records of your assets and debts, and work closely with your attorney to prioritize what matters most. Following court rules, documenting your actions, and staying aware of any shifts in your spouse’s behavior can help you stay one step ahead. Texas courts aim for fairness, but it’s up to you to use available legal tools—like temporary orders, financial inventories, and exclusive use agreements—to protect your rights and your future.
Other Related Articles:
- Handling property issues during a divorce
- Texas Divorce: What Qualifies as Separate Property in Texas and How to Prove It
- Importance of Tracing in Texas Divorces: What You Need to Know to Secure Your Property
- Temporary Spousal Support, Alimony and Contractual Maintenance in Texas Divorce Cases
- Can You Appeal the Division of Property Outcome From Your Divorce Trial?
- How to Prepare for a Temporary Orders Hearing in Texas
- Understanding Temporary Orders in Texas Divorce Cases: What You Need to Know
- What Is Temporary Orders Hearing in Texas? A Complete Guide to Preparation
- Navigating Temporary Orders in Texas Divorce: What You Need to Know
- Texas Family Law Courts: Delving into Temporary Orders in Divorce Cases
