my husband and i have been separated for over a year now. i have left our home w/ our kids. since i left, i came back a few times and collected some of my personal belongings. however, i still have a lot of my belongings at our home. i do not have a separation agreement in place. i have not spoken to him since march of this year. he calls and sends texts, but i do not respond. now, he wants me to come and get my stuff. i do not have space or financial means to collect all my stuff at one time. can he demand that i get all my things b/c he plans on giving up the house?
NOT AN ATTORNEY
Since you’ve left the home, he has the right to restrict (allow or not allow) you to enter the home. However, if he disposes of your belongings without your permission, it could raise issues with equitable distribution during the divorce where he would be partially financially liable for any items sold, abandoned, or destroyed.
Do you have friends or family that could help store some of your belongings or can you rent a storage facility for a few months? I know you’re tight for cash, but if you want the property, it really is your responsibility to go claim it.
You should retrieve your stuff if you want it.
thank you both for your sincere replies.
what about the furniture or stuff that we got since we got married? what about the kids clothes and toys? some of the furniture belonged to me before we got married and some of the furniture was given to us as wedding gift by my family?
not sure what happens if i go and get my stuff. does that mean everything that i do not get, he is free to do whatever with?
thanks in advance.