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About Matters Incidental to Divorce

Property Injunction

Property Injunction

A property injunction is an order issued by the Court to preserve community property until it can be partitioned. Usually, the order preserves property by prohibiting "alienation, encumbrance, or disposal." Alienation of property refers to selling it or giving it away. Encumbrance of property means giving another person a right to the property. This can be handing it over to a pawn shop in exchange for cash or using it as collateral for a loan. Disposal means throwing away or destroying the property.

Temporary Restraining Order 

The first step to getting a property injunction is to request a temporary restraining order prohibiting the "alienation, encumbrance, or disposal" of community property pending the partition. The temporary restraining order is also called an "injunction against alienation or encumbrance" of community property. A spouse can request this temporary restraining order in their original petition for divorce or in a reconventional demand filed in response to an original petition. 

The Court will issue the temporary restraining order without a hearing. Once the other spouse is served with the order, they will know that they do not have the legal right to sell, give away, or lease community property.  The temporary restraining order also prohibits pledging community property as collateral for a debt. 

Permanent Injunction Pending Partition

A temporary restraining order will expire on the date it is set for hearing in Court.  On that date, the spouse who requested the temporary restraining order should request that the Court issue a permanent injunction.  The permanent injunction continues the effect of the temporary restraining order until the property is partitioned.  

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