QUESTION
How do I get my personal belongings back from my previous marital home?
Asked on Apr 13th, 2014 on Divorce - Michigan
More details to this question:
My husband asked for a divorce on 4/4/14. When am I allowed to retrieve my personal items from the marital home as I have been unable to do so since I was under any circumstances safe there due to verbal and physical abuse that occurred on 4/5/14, this would entail things such as my clothing, my diplomas, etc. the list is longer of course, but I left with only a suitcase. We have been married for 28 years and in the same home. My sons listed are older than entered. They are 25 and 23 respectively and will be present and assisting so I am there no longer than 30 minutes. Please assist me in this I am concerned about the integrity of my belongings that cannot be replaced like the funeral flag from my father’s burial. Our home is on land deeded to us but this is located on the back corner of 100 acres that he and his family own including the road to our marital home. I am wanting to do this on 4-15-14. I do not feel this in unreasonable, my husband agrees to this. I want to remain within the law as I am a professional and hold a nurses license. I have never been disciplined by the board and of course do not want to start now.
5 ANSWERS
As a co-owner you have the right to return and get your personal property, if he is preventing you from doing that then you should get a court order allowing you access to the property with police stand by if necessary. You should consult a family law attorney or facilitator to assist you.
Answered on Apr 15th, 2014 at 7:06 PM
More information is needed to answer your question. Did your husband file for divorce? If so was there a restraining order signed by the judge? If there is no court order preventing you from doing so there is nothing wrong with you and your sons going to retrieve your belongings. My question is do you want to leave the home or do you feel your husband should have to leave? Please consult with an experienced family law attorney. Many offer free consultations. Good luck to you.
Answered on Apr 15th, 2014 at 12:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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So go with your sons and get your stuff. You have the right to enter the property because it is yours also. The sons presence should probably keep your husband in line.
Answered on Apr 15th, 2014 at 11:59 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can request that a sheriff or deputy accompany you.
Answered on Apr 15th, 2014 at 11:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have two choices, either do it by agreement, which should be in writing, or by going to the court commencing the divorce case and getting in order to allow you to retrieve and remove the personal belongings. Your wise and correct to bring witnesses with you if there is issues of verbal or physical abuse. If you're in the house, or certain items are refused you, make sure you get pictures in order to provide evidence to the court later. Given the fact that you are about to be divorced, apparently, I would suggest engaging in attorney as quickly as possible.
Answered on Apr 15th, 2014 at 10:20 AM