QUESTION
Can your spouse, after filing for divorce and you have moved out of the marital home, start to give away your belongings before the divorce is final?
Asked on Oct 17th, 2013 on Divorce - Rhode Island
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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No, file a Motion for Sanctions and request she replace any property she sold and that she return your property.
Answered on Oct 18th, 2013 at 5:25 PM
4 Awards
No, your spouse can't do that. To protect yourself, you should ask for temporary orders called "anti-hypothetical" which requires everything to stay where it is until divided finally in the divorce.
Answered on Oct 18th, 2013 at 12:09 PM
No, she has no right to give away your personal property if it is your separate property. If the property she is giving away is community property, then she only has a 1/2 interest in it, thus should not be giving it away.
Answered on Oct 18th, 2013 at 12:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the orders in place, but generally not and bad form.
Answered on Oct 18th, 2013 at 12:05 PM
Bruce Provda
A simple answer would be no as the property has not been yet divided. Ask your attorney to make a motion for this to stop.
Answered on Oct 18th, 2013 at 12:00 PM