My husband and I have been married since Sept 2009. We recently seperated in Apr 2011 due to his infidelity via email, texting etc. I was all but forced out emotionally from the marriage. One day he comes to me and says he wants to seperate… 2 days later he changed his mind. A few days after that he desides again that we need to seperate. And yet again he changed his mind and wanted to work things out. I had enough after the fourth time on this rollercoaster and planned to leave. A few days prior to my planned date of seperation he tried to force me out with the 3 children (two of which are from a previous marriage). I left on the date I had planned. He decided that we couldnt afford for me to take a uhaul with me so I was forced to leave with nothing but a few boxes of clothes and my children. We agreed that he would take the livingroom furniture and bedroom furniture (TV’s and everything) and I could have all the childrens furniture b/c they were going to be with me, along with the diningroom table, washer and dryer, and kitchen items, the van, and the antiques I brought into the marriage. We agreed that when he moved to SC he would bring my items to me. Just a week or so before he left he claimes our house was broken into (he admitted that he left the front door unlocked) all that was taken were our compound bow’s (his and mine). The day before he moved I was informed by him that he would not bring me our things and that he would store them in his families storage unit. About 1 month later he informs me that he left the dining table and some other items, sold the washer and dryer, and had not paid the van payment in 4 months. Ok, now I’m not the smartest when it comes to these matters and I need to know what to do next. I took a trip down there to drop off my daughter for visitation and I brought back what I could (some of the kids toys and two beds). He got an apartment in a nice apartment complex yet I’m forced to stay with a friend, I struggled to find a job (which I just got) and he doesnt have a job. He sold his car and is living off that now. What a mess! Where do I stand legally? Is there a law that states he cannot sell our things during a seperation? How do I get the van into my name when the bank wont give me a loan due to credit? How do we split our items and furniture loans equaly? What is my fair share? And last but not least, can he sell my antiques that I bought for my children in Germany 5 years prior to our marriage? Thanks for your time and consideration!!!
Can he sell the items that we have agreed belongs to me?
He can sell the personal property that is in his possession, unless you get a restraining order that prevents him from disposing of martial property. If he does sell the items, you are entitled to half the value received for them.
If you are unable to refinance the van, you can have your ex sign a power of attorney for the same, until the loan is paid off, at which time the title will be released. He can then sign title over to you.
The antiques are your separate property. I suggest you file an action for Equitable Distribution of your martial property, and include a motion for the return of your separate property.