When a 50B expires and it’s found that a house has been emptied of all marital property down to the bare walls without having signed a separation agreement (although one was being kicked back and forth), what is the process to keep someone from liquidating everything and temporarily restraining them from the home?
File an action for Equitable Distribution and include a motion for a restraining order preventing sale of other disposition of assets.
Thanks, Erin. Should I concurrently file a police report or insurance claim? Is this theft/burglary?
No, it is not theft as the property is jointly owned.
Thanks again, Erin. One last question and I’m good. Once either party starts the ED process, does it have to play out that way? Or can it still be settled at any point before the hearing(s)?
FYI - Try to document the loss of marital property as much as possible… photos of the empty house, save emails or texts of admittance to disposing of property, etc. The more you have the better.
Thanks, EOL. I have a video of all the house and drawers/cabinets as of the day of separation. I had no idea the place would be completely vacant upon return. No communication from the other party during the time of 50B. It’s just all ‘gone’.
Erin, once either party starts the ED process, does it have to play out that way? Or can it still be settled at any point before the hearing(s)?
The case can be settled at any point before trial, often times cases are settled “on the courthouse steps” as in right before the case is called before the judge.