QUESTION
Can I stop wife from entering home and taking material property?
Asked on Dec 14th, 2013 on Divorce - New York
More details to this question:
The sheriff was called because of a domestic dispute. No one was arrested. When she left, the sheriff made me leave so she could get her things and go. Now she wants more stuff. I have filed for divorce.
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Motion with the Judge to clarify when she can be on the property and what she can take.
Answered on Dec 16th, 2013 at 5:07 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Yes, if you're living in the marital domicile and she has moved out, you have the right to change the locks to prevent her from reentering. She still has the right to petition the court for an order allowing her to remove her other property, and I'd recommend that you cooperate to allow her to get anything that she wants and that you don't care about.
Answered on Dec 16th, 2013 at 4:28 PM
Bruce Provda
Yous wife has as much right to the house as you do. Speak to your lawyer about marital assets that you thin she has taken.
Answered on Dec 16th, 2013 at 3:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is it her stuff? She is entitled to it. If it isn't or it is community property, that needs to be resolved in the divorce. File now and make her file a motion to get the stuff she wants.
Answered on Dec 16th, 2013 at 3:15 PM
Try filing with the Court a temporary restraining order to keep her out of the house. Additionally, you might want to consider changing the locks. Good locks.
Answered on Dec 16th, 2013 at 3:15 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If she has moved out, change the locks. Either one of you can make a motion to the court to arrange for her to get things that are clearly hers. The things that belong to the marriage (both of you) need to be divided either by a written contract signed by both of you or by order of the court.
Answered on Dec 16th, 2013 at 3:15 PM