I have a motion for new trial set for hearing after 25 days as I was not informed about the divorce proceeddings at all. I was out of counrty for some time and my spouce got a divorce and all the property in Dallas, TEXAS. Now my spouse is trying to sell the marital property (house, shop, cars) which was given to him by court as I was not knowing about it at all. Now I have filed a motion for new trial.

Q> Can I get a stop on he seling the property?
If yes, how? What do I need to file?

TX law says u can get a hold(stay) on the selling of property if u have a case result pending, but here I have a new case hearing to be started? So please guide.

Thank you.
Resident of Texas.

You need to obtain an serve a temporary restraining order prohibitng the sale of any marital assets.

I agree with ScottGem; and I am going to make an obvious statement. Apparently you have a lawyer if you have a hearing scheduled. If so, why isn't he helping you with legal advice. If for some reason you do not have one, then under the circumstances that is where I would go to see now.

You need to obtain an serve a temporary restraining order prohibitng the sale of any marital assets.


I do have a lawyer. According to TX laws u can get a restraining order prohibitng the sale of any marital assets if there is a pending case. But in my case the court has already given him everything in my absence and now I have a hearing for new trial after 25 days, but there is no case result pending due to which I can stop him from selling marital property.

What happens if my spouse's lawyer sues me for doing this?

Excuse me but there IS a pending case. You have filed suit to overturn the decision due to your being absent. That's your pending case. If the hearing goes against you a new trial is not granted then the restraining order is lifted. Otherwise its carried over to the new trial.