How Do I Stop My Soon To Be Ex-Spouse From Taking My Personal Belongings From The House In Pasco County?
I’m sorry to hear about your situation. The period immediately before or after a divorce action is filed can be highly emotional, and in many cases, one spouse will take rash actions. One common complaint is that a spouse removes many furniture and other personal assets from the home without the other spouse’s permission.
If you are fearful your spouse will take your things, there are a few steps you can take. First, if the items are purchased during marriage, they are marital property, and he/she cannot take them without permission during a divorce. Any assets acquired before the marriage or purchased with non-marital funds are the spouse's assets and can be taken without permission. You should make an inventory of all of the contents of the home. Document your list with photos.
As part of the divorce action, you can request a court order prohibiting him/her from removing any marital assets. If something is taken, note the day you saw him or her leaving with it or when you noticed it was missing. You can also ask about these assets during the discovery phase of the divorce. You can also ask the judge to order them returned or their value deducted from his or her share of the marital estate in the settlement.
Also, this may be common sense, but if you anticipate your soon-to-be former spouse is eagerly anticipating stealing your personal belongings, limit your time away from home. You will still need to go to work and any necessary errands, and you should not be chained to the home, but now would not be the time to leave for a weekend away or very late nights out unless necessary.
Contact Dale L. Bernstein, Chartered Law Office, today to learn how to protect your belongings!