QUESTION
Can I stop my husband from removing property when he leaves?
Asked on Feb 27th, 2014 on Divorce - California
7 ANSWERS
The answer is "maybe, probably not." By this I mean that he has the right to move property, just as you do. If he were served with a divorce summons, he would be under the statutory restraining order not to dispose of property or assets except in certain circumstances; this remedy would preclude him from destroying or donating property but wouldn't stop him from removing it. Under Minnesota law there may be other means to stop him if there were incidents of abuse or harassment. However that would nonetheless require filings with the court and service of papers on him, which may be too late.
Answered on Mar 03rd, 2014 at 11:02 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Since it is likely that all property is community property it belongs to both of you so you have no greater right to keep it. It would make sense to keep a list of what is removed and what stays so that both of you know who has what since it will ultimately have to be accounted for and divided.
Answered on Mar 03rd, 2014 at 11:02 PM
Bruce Provda
You need to speak with a divorce attorney about obtaining temporary orders.
Answered on Mar 03rd, 2014 at 11:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yours, not his. If you haven't filed for divorce, do so and get temporary orders regarding the property pending the divorce.
Answered on Mar 03rd, 2014 at 6:41 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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You can request a restraining order prohibiting him from disposing or alienating any community property pending the divorce. An attorney can help you with this.
Answered on Mar 03rd, 2014 at 5:15 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You can try. Call the police for assistance. You can also attempt to file a divorce case first and request a restraining order.
Answered on Mar 03rd, 2014 at 5:13 PM
He can take his own personal possessions. Usually the furnishings stay until there is a division of community property. However if he is getting an apartment it would be helpful if you share now so that he doesn't have unneeded expense.
Answered on Mar 03rd, 2014 at 5:06 PM