QUESTION
Can I legally take any items from our home and leave my husband before filing for a divorce and move into an apartment?
Asked on Jun 02nd, 2013 on Divorce - Alabama
7 ANSWERS
You can take your personal property and no more than half of the furnishings etc when you move out. You can move out before filing.
Answered on Jun 03rd, 2013 at 10:43 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You can leave the home and take somethings out of the house before filing but make a list of what you took and what you left behind in case it is an unequal distribution of property or if there are claims that you took everything and left him nothing.
Answered on Jun 03rd, 2013 at 10:43 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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Prior to any official separation agreement or court order spelling out property division (called equitable distribution), then you are advised to consult with an attorney before leaving the residence and certainly before taking items from the home, other than your personal clothes and toiletries. This is because the legal definitions as to what is deemed marital property and what is separate property is often different than what one would think, namely that you don't just go by title (who's name is on it).
Answered on Jun 03rd, 2013 at 10:42 PM
Yes you can. But remember that anything you take that is community property must be accounted for in the divorce. Community property is anything acquired during marriage except things that are received by gift or inheritance.
Answered on Jun 03rd, 2013 at 10:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You may do whatever you wish as long as there is no court order prohibiting it. I would strongly suggest, however, that you consult with an attorney BEFORE you take the actions you propose.
Answered on Jun 03rd, 2013 at 10:39 PM
Although you "can," I would generally advise against removing items from the house without a court order allowing you to so so. Depending upon your particular judge, your spouse may be able to get an order requiring the return of the items. This would create a hassle for you and could taint your reputation with the judge trying you divorce case. You should consult with a divorce attorney in your particular area to determine how this issue is handled in your jurisdiction.
Answered on Jun 03rd, 2013 at 10:38 PM