QUESTION
Can my wife come with a u haul truck and clean out our home while I am not present?
Asked on Aug 03rd, 2018 on Divorce - New York
More details to this question:
I live in NY. Currently my wife is divorcing me. We have decided custody of the kids already but have not got to the division of assets yet. She has gained a new residence. Today she tried to come to the home and take all the furniture and appliances without my agreement. What are my rights and can I file charges against her if she goes through with this action?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
No, your wife can't do that. As soon as the divorce action was filed, both you and your wife were subject to "automatic orders" pursuant to the NY Domestic Relations Law (DRL) 236(B)(2)/ 22 NYCCR 202.16(a), that prohibit you both from taking marital assets or incurring unusual debts with joint funds. You need to request a court conference immediately, so that a judge can explain to your wife that she cannot do this and if necessary, seek a restraining order against her. Ultimately if she did take anything considered a joint asset, you will be compensated either directly or by an offset when the assets are divided pursuant to a settlement agreement or court order.
Answered on Aug 06th, 2018 at 9:16 AM