QUESTION
How could I stop my ex from taking my things until the divorce?
Asked on May 25th, 2015 on Divorce - Michigan
More details to this question:
We have filed for divorce, but my ex keeps taking things out of the house while I am at work. He only takes things that he knows I am attached to. They are my things but were purchased during marriage, so he claims they are marital property. Can I do anything to stop him, and will this play in my favor at all in court?
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: retain a skilled matrimonial lawyer in your area. Since the divorce was already filed, your lawyer can use one or another instrument, such as an Order to Show Cause, or Motion for a Temporary Order, to require him to account for every item he took, and restore it, or its value, to you. In a contested final hearing, this kind of behaviour can tell against him. You would be well advised to list every single item you know that he took. You would also be well advised to take photos of every thing in your home, with a newspaper carrying today's headline in each photo. You could also try using a videocam to do the same thing. Good Luck.
Answered on May 26th, 2015 at 3:53 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Make a motion for temporary orders. This will allocate use of assets while the divorce is pending and can keep him from coming to the house. Also, change the locks. He is right, anything purchased during the marriage belongs to both of you.
Answered on May 26th, 2015 at 1:51 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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1. Document what you have in the house (photos) and then document what he's taking. 2. If you have filed for divorce, then it supposedly means he no longer lives there and has established a separate address. If that is the case, change the locks and trespass him from the property by giving him written notice of Criminal Domestic Trespass.
Answered on May 26th, 2015 at 12:15 PM
I would suggest you consider getting a Restraining Order from the Court. Do this immediately. If you are not certain as to how to do this, consider hiring an attorney. Good luck.
Answered on May 26th, 2015 at 7:57 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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So long as neither of you has a lawyer you will be viewed as trouble by the Court. Please meet with the Family Law Facilitator at your Courthouse to proceed in enlightened self-representation or hire an attorney.
Answered on May 25th, 2015 at 11:38 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You should get a restraining order as to property to avoid that problem.
Answered on May 25th, 2015 at 11:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and an order to stop the foolishness.
Answered on May 25th, 2015 at 8:02 PM