QUESTION

What can my spouse do if I take my clothing and furniture out of the house?

Asked on Dec 28th, 2013 on Divorce - Nebraska
More details to this question:
My husband has changed the locks on a home that we both own. He is filing for divorce.
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8 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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You're entitled to your own clothing. Nobody's going to give you a hard time about that, assuming that you are a heterosexual couple and that the only person with an interest in your clothing is you because your spouse won't wear another gender's clothing. "Your furniture" is another matter. There are few items of furniture that are not gender-neutral. if you and your spouse purchased furniture or acquired furniture together during the marriage, then the furniture is not yours or your spouses but "ours," which means that you cannot move marital property out of the house and take it with you claiming it as your own. If by "your furniture," you mean furniture that you acquired pre-marriage or furniture that was gifted to you by someone other than your spouse or through inheritance, then you can take that with you.
Answered on Dec 30th, 2013 at 7:32 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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Generally, if a divorce has been filed and you've been served, you can take your personal clothing and effects (books, paperwork, other personal items), but things such as furniture, electronics and any other asset need to be addressed in the divorce or by agreement. You should consult with an attorney in order to best know how to proceed, as well as determine your potential rights and options.
Answered on Dec 30th, 2013 at 7:30 PM

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You have just as much right to enter the house as he does. You have a right to take your furniture and your clothing. You have the right to change the locks too. You may need help from the court and/or the police.
Answered on Dec 30th, 2013 at 7:29 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Probably nothing. However, you really need to talk with your attorney about this and the best way to get your things.
Answered on Dec 30th, 2013 at 7:28 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney and a court order.
Answered on Dec 30th, 2013 at 7:27 PM

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You can take all your possessions and any separate property from the home. Anything that is community is subject to fair and equitable division between you no matter where it is located. He had no right to lock you out of your house. It sounds as if this could get nasty. I suggest that you seek your own attorney.
Answered on Dec 30th, 2013 at 7:25 PM

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If both of you own the house, you are entitled to go in and stay there. You may have to go to Court to enforce your interest, but first you might try calling the local police and ask them to come out so you can get into your own home. Good luck.
Answered on Dec 30th, 2013 at 7:22 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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I believe it would be perfectly acceptable for you to remove items from the home that are specifically yours, such as clothing, and any property you owned prior to the marriage or you inherited during the marriage.
Answered on Dec 30th, 2013 at 1:39 PM

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