In Texas can a spouse literally "change the locks" and essentially deny entry to the other spouse? What are the ramifications of taking that action? Is this action in ANY way criminal in nature?

Is the spouse listed at that address?  Have a locksmith & LE accompany the person to get access to their residence.

Son and wife live in a home that we hold the mortgage on. She's a left wing nut job. Alcohol issues.

The party involved needs to consult an attorney for professional advice. From what I gather, problems can arise later when the divorce papers actually get served and filed. Those kind of actions may look abusive to a judge and may end up being used against the spouse during testimony. That's why it's best a spouse does NOT leave a house and look like he or she had left the other spouse until an attorney hears the client and approves these actions. A spouse installing locks against the other spouse may look bad to a judge later too. What one spouse CAN do is call the police and have reports made against the other spouse if physical abuse becomes a problem. Once the divorce proceedings are started, then an attorney advises when a spouse can leave, install locks, etc.  I'm not an attorney, but had my own situation to have to consult an attorney with my own similar questions. Cleaning out bank accounts is another no-no until you consult your attorney.

Need more info? Post in GD next time for 10 times as many replies. But don't take everything everybody says as good advice. State laws and the individual circumstances matter, so consult an attorney. Did I already say that? lol


ETA; If I remember from your previous posts, you are in Houston. Right?  We have no shortage of attorneys here. My advice is NOT to go with the firms that offer free advice. Those end up being  the attorneys with the worst results that the poors bring upon themselves trying to save a buck. Be prepared to pay $100-$150 for a 1 hour consultation which is well worth the money. Paying $400 an hour is the minimum to be expected after that, but that first hour gets a LOT of your questions answered. Take a list of questions with you.

I’ve been divorced twice. Hire an attorney immediately and follow their advice. Also notify the police that they are preventing you from returning home to your house

...if you aren't in the house, the spouse cant accuse you of slapping him/her as easily, making you a prohibited person to -ever- own firearms again.

IMO you are better off in a motel.

Legally, no they cant lock you out. But it's a civil matter.  You can just go through a window. Its not illegal to break a window in your own house, and its not burglary or mischief.  But just make sure you are " right " and that you have a legal right to be there. Just make sure it's worth it and ask a lawyer, not a forum. Have a witness.

Word of advice coming from the LE side. If you have to be around her for any reason, do the following:

1) Buy a in car dvr which records outwards, inward, and to the rear. Make sure it is recording prior, during, and after departure.

2) Buy a GoPro. Have it recording prior to, during, and after departure if you have to come in close proximity to the spouse.

3) If and when possible, make sure to have a second person with you who could record and be a witness.

4) Find somewhere else to live until your divorce is finalized.

5) Getting an ADA to accept criminal mischief charges on changing the locks is a thing of the past. Has happened in the past but will not under the current DA.


Calling LE in Houston right now for a civil stand-by is going to get a delayed response pending the call volume and priority calls coming in.

If paperwork is being drafted for petition, get temporary orders for all property to remain inside the house or other assets to remain in place. Again, do not go anywhere near the spouse without a witness to cover your ass.

Quoting member

...You can just go through a window. Its not illegal to break a window in your own house, and its not burglary.  But just make sure you are " right " and that you have a legal right to be there. Just make sure it's worth it and ask a lawyer, not a forum. Have a witness


Yes you can do this, however, there could be consequences which can result in you getting seriously injured or killed. Women WILL and DO call 911 to report a burglary in progress (Home invasion) in these cases without providing the call takers with valid and truthful information. These calls usually yields a large response of officers. My suggestion would only do this if she is not inside the home. Keep in mind, the woman will usually give neighbors false information about you, leaving vital information out, and they will call in on you.

I'm NOT in Houston. 200 miles away from my Son. He is in a suburb of DFW. Son has a "sensitive" position in the firearms industry with almost daily contact with LE. He's afraid that she will 1) call his employer with false info 2) put false or negative info about him on the net 3) call the police or 4) call the neighbors.  She is a lefty and HER Father is a HUGE lefty. She works in a "woke" company in a high level position and the crowd there is just taking her further and further to the left. MY wife and I are in a financial position to use money as leverage over the FIL to get him to calm her down as he'll be made to understand that I only have two speeds. My view is that my Son is being extorted and since my wife and I hold the note on their home we are too in a way. The FIL is not anything to worry about as he's 70 and STILL has a mortgage on his place. I'm pretty sure I can lay out the massacre he'll endure IF she does something stupid. I've explained this to my son and he's on board as he's just looking for a way out. The DIL has made comments along the lines of "I'll get the house in mediation because of all the bad things you've done". Sorry to worry all here but this is not the standard divorce. Other than vehicles and personal items there isn't much to fight over except for the home. It has increased in value no doubt over the last three years but with the DIL being in HR she doesn't really have any idea about the economic issues at play in todays RE market.

I can help him as much as is needed but the problem remains with her threatening to make false allegations against her. I'm purely in favor of using overwhelming force and a surprise attack scenario. She has an inflated idea of the value of their home and has made comments such as "you don't deserve to stay in the house because I make more than you do". Their equity is roughly $60K of which half would obviously be $30K. When (if) I speak to the FIL we'll make him a one time offer of her getting $50K just to leave with zero damage done by her to his reputation or to the home. We can let my son keep the home and defer the payments for 100 years in needed. If it were to sell we'd get our cash back and then we'll help him if needed to buy another. He works from home as does she four days a week. Her parents are two miles away and she is so vindictive that she says "it's not my fault that your parents live in E. Tx. and you can't move in with them". These and other comments have led my son to try and find a way out.

This is not the first time they have been on the verge of splitting up. No kids thank goodness. The DIL will be fine as she KNOWS her shit doesn't stink. Son will be fine as well. Both have advanced degrees although in very different fields. House is in great condition and would sell in days I suspect. No chance of him moving in with us ( I'd love it) due to his work and our lack of high speed internet. I'd have to pay to have a T-1 or similar run to our place and it just isn't practical. Selling his home and him moving into another one is easy just as paying her to leave and him staying put is as well.

Thanks guys.

Thank goodness no kids and doesn't seem to be much cash & possessions between the 2 for them to really have to fight about. Since your DIL sounds smart and is the confident and determined kind of personality, it might be easier just to give here a bit more then half or what she deserves, (and in the process make her as happy as possible and less vindictive) and just get rid of her that way. An amicable divorce is a whole lot cheaper in lawyers fees too then fighting back & forth with her. Fighting too will cause her to get riled up and possibly go out of her way to be an ass and needlessly hurt your son more then necessary. Your son doesn't need the stress and grief. As you know, Texas is a state in which cash and assets are split 50/50. But sometimes a judge may favor one spouse more and assess that spouse with a  2/3 - 1/3 ruling, or 3/4 - 1/4, etc.  It just depends on the circumstances of the divorce and how the judge feels. So, it might be easier for your son to just try and reason civilly with the DIL and appease the witch with a better then 50/50 deal to her advantage to get her out of your hair....... and not have to worry about a judge possibly ruling unfavorably.

I don't know how some people go through multiple woman and divorces like it's no big deal.  For most folks it certainly is a very stressful and difficult time in their life.  Good luck. Your son will appreciate all you are doing for him and he's fortunate to have you.
 

Make sure his lawyer knows about these comments.  Even if he doesn't really want it, asking for alimony could give him some additional leverage when it comes time to negotiate over everything.


Also, a T-1 line is no longer much of anything.  DSL and Cable pretty much made them obsolete other than for niche business use.  Nowadays, wireless makes T-1 lines look like dialup.  In a few months, Starlink will be available at your house, providing a connection that is 300 times faster than a T-1 line.

We are looking at starlink but it still won't work for my son I suspect. He's 100% remote and needs really high speed service. Where we are is so remote that he couldn't live here for many other reasons.

Starlink should work for just about anyone.  Certainly anyone in the firearms industry.

But totally understand other aspects of remoteness.  Sounds awesome to me!

Tell them both (tell him ahead of time) that you are selling the house with like 30 days notice.

If it's not in her/their name why would they expect equity out of it? With that being said I think you're on the right track to throwing some $$ to make her go away.

Have him move all his stuff out ahead of time, even going as far to get two separate storage units at the same place.

He can then move his stuff into one, and hers/theirs into the other and it won't look that suspect.

Starlink will be as fast as it gets for anyone in a remote area.

Get a lawyer now. They can get a court order to do whatever you need legally if you have grounds for it.

My ex did XYZ after our initial divorce was finalized. My lawyer drew it up, presented to the judge, got the judge to approve it, process server ambushed her at the food court at Target. Visitation of our kids was ended right there until we had our first court date.