Stop Your Spouse From Taking Items From Your Home And Separate Marital Property
If your husband or wife moved out of the home that you shared as a couple and now is threatening to take some of the household items, it is in your best interest to seek legal counsel so that the situation can be brought to the attention of a judge. A judge will determine how the household goods will be separated and will prevent your spouse from taking anything that is not rightfully theirs.
Seek Legal Action
Don't wait around for the moment that your spouse shows up at your home to begin the task of emptying the residence. During conflicts, things can get heated and your spouse may even turn against you and accuse you of threatening them or trying to inflict harm.
A divorce attorney can file a motion that will prevent your partner from coming onto the property until your situation is reviewed by a judge. If you think you are in danger by staying in the home alone, seek help with obtaining a restraining order, which will result in your spouse being formally charged if they approach you whether you are at home or not.
Create A List Of Joint And Personal Property
Before attending a civil court hearing, prepare a written or typed list that specifies marital property that you and your spouse share rights to and personal property that you purchased prior to or during the marriage and that you accept full responsibility for.
If there are some things inside of the home that your spouse purchased but that are considered necessities and are currently being used each day, let your attorney know so that they can temporarily stop your spouse from removing the items. Furnishings, appliances, linens, and dinnerware would be considered necessities that you may have temporary rights to.
Clothing, jewelry, coin or stamp collections, and decorative materials could be classified as personal items that your husband does not have rights to. Even if you are able to stop your spouse from removing items for the time being, remember that if you both are seeking a divorce, he may be entitled to reclaim some or all of the items that he purchased.
Household goods that you both invested in can be sold so that each of you receives their fair share of the proceeds. If both you and your spouse are in agreement, items can be retained and you and your spouse will have to determine which person gets to keep each item. If an agreement cannot be made, your attorney will collaborate with your husband's attorney.
For more information, contact a law firm such as Winstein, Kavensky & Cunningham, LLC.
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