Who has the rights to property during a divorce? How? 10 Answers as of September 30, 2015

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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S. Joseph Schramm | Joseph Schramm
In a divorce proceeding property interests are usually divided between the spouses according to various factors that include the ages and health of the parties and the length of the marriage. Since both parties generally have a property interest the assets of the marital estate a court often will not interfere with individual items of personalty that one spouse removes from their residence unless the items are of significant value. Neither will the removal be treated as a crime.
Answer Applies to: Pennsylvania
Replied: 9/30/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Under NY law, any asset acquired during the marriage(with some exceptions)is marital and subject to equitable distribution; if a party uses a marital asset to purchase another asset after commencement, it is still marital. If a party uses funds from before the marriage(separate property)to purchase an asset during the marriage or after commencement, it is still separate property. Questions arise based upon whether or not an asset was acquired before or during the marriage; removing a marital asset should get applied against that party's entitlement to equitable distribution. If you need a more specific response, you need to sit down with an attorney and provide him/her with all the facts for further answers. If you want, I am available for a consultation(if you don't already have counsel)at a cost of $100; if I am retained at the time of the consultation the consultation fee is included in the retainer.
Answer Applies to: New York
Replied: 9/30/2015
Law Office of Martin A. Kahan | Martin A. Kahan
It is not a criminal act. Assets and liabilities will be equitably divided by the court.
Answer Applies to: California
Replied: 9/30/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Once he is served with the Divorce he may not , however he can take his personal property.
Answer Applies to: Georgia
Replied: 9/30/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Just because your Husband has moved out of the marital home does not mean that he cannot re-enter the same at any time and even break in if the locks are changed. It is not a crime for him to remove property from the home. As to personal property, he can take whatever he wants just like you can. In some counties there is something called the Standing Temporary Domestic Relations Order which Orders parties not to hide or dissipate assets. Order or no Order, it is just a piece of paper and once the items are gone, it is very difficult to get them back or prove that they were taken by him. I would advise you to hire competent counsel whom can deal with these issues. Take pictures of all personal property in the house, especially thinks like collectibles, firearms and jewelry. Also, anything that is easily removed should be taken out of the house and put in a safe place like a safe deposit box. Lastly, there are very inexpensive security cameras that run on a program called Lorex Ping. They costs about $100.00 each and are very small. You can have them running constantly and access video through your mobile phone. Great investment and easy to set up yourself.
Answer Applies to: Florida
Replied: 9/29/2015
    John Russo | John Russo
    Both parties have the same equal rights to the marital assets during the process, until either you and your spouse agree, or the court divides the estate. DIVORCE IS A CIVIL MATTER, so unless a separate felony is committed which is rare, all issues are civil in nature, taking property he has an equitable interest in is not a felony.
    Answer Applies to: Rhode Island
    Replied: 9/29/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You should request orders from the court for you to have exclusive use of the family home and for none of the property in the residence to be removed without further court order or written stipulation of the parties.
    Answer Applies to: California
    Replied: 9/29/2015
    Diane l. Berger | Diane L. Berger
    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.
    Answer Applies to: Nebraska
    Replied: 9/29/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    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.
    Answer Applies to: Wisconsin
    Replied: 9/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Until there are court orders in effect marital property is owned by both parties be removed by either, first come first served.
    Answer Applies to: Michigan
    Replied: 9/29/2015
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