QUESTION

Who has the rights to property during a divorce? How?

Asked on Sep 29th, 2015 on Divorce - Michigan
More details to this question:
I am getting a divorce. The petition will be sent to my spouse next week. My husband already purchased and lives in another residence. Can he remove property from our primary residence without my permission? If he does, is this a criminal act?
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3 ANSWERS

Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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You need to make a restraining order as to property part if the original complaint and then he cannot remove property without your permission or court order.
Answered on Sep 29th, 2015 at 4:49 PM

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First things first: you would really benefit from retaining a skilled family law attorney. He or she can answer all of your questions, and will have the chance to review all the relevant facts with you and relieve a good deal of anxiety. That said, the temporary but exclusive use of items of property if there is any dispute or chance of one is usually resolved at a Temporary Order hearing which is usually held two or three weeks after the case is filed. Without such an Order, all you have to rely on to protect your property is whatever automatic stay is provided just by filing and serving the divorce papers, which is not much regarded. If you live in Wisconsin or another marital (=community) property state, he has an equal right to all marital property until a Court issues its orders. So you benefit by promptly retaining a lawyer and having him or her draft and serve a Motion or Order to Show Cause promptly.
Answered on Sep 29th, 2015 at 4:49 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Until there are court orders in effect marital property is owned by both parties be removed by either, first come first served.
Answered on Sep 29th, 2015 at 3:09 PM

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