I would keep track of everything she has sold and make note of the value. She is NOT supposed to sell anything until property is divided. Especially if it was yours before the marriage.
Are you separated now? Do you have a separation agreement that outlines who gets what as far as personal belongings? I ask because in my agreement, the items left at the house after the ex left were considered mine to do with as I saw fit. BUT this was written into the agreement. If you don’t outline it, then all property (and debt) is considered 50/50 split and should be divided with consultation.
SHE HAS FILED FOR SEPARATION I WAS SERVED BUT HAVNT SIGNED YET AND DONT HAVE TO TILL SEPT 7 2008 BUT I AM SURE SHE STILL CANT SELL ITEMS OF MINE BEFORE MARRIAGE OR AFTER RIGHT ESPECIALLY SINCE SHE HAD ME SERVED RIGHT?
I have never heard of being ‘served’ separation papers. You don’t HAVE to sign ANYTHING if you don’t want to. Do you have an attorney? If you don’t agree to what the papers say, then do not sign them. If she has sold items of yours then you need to document that and it will come into play during equitable distribution. You can’t have her arrested for selling your things. But, she could be made to give you 1/2 the money she made selling them.
If you’re not in the house now, then she should make arrangements for you to get your things from the house. Document EVERYTHING. Items you take with you, items of yours that are ‘missing’, if sold, find that information out too. Keep it in a file.
If you do not have an attorney, I suggest you get one. When one party has an attorney, and the other does not—more than likely, the one without an attorney gets screwed one way or another due to ignorance of his/her rights or the law. Ignorance does not equal ‘stupid’—just means a lack of knowlege. That’s why we have lawyers.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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CAN A SPOUSE LEGALLY SELL PROPERTY THAT WAS OWNED BY THE OTHER SPOUSE BEFORE MARRIAGE WITHOUT CONSENT ASKING BECAUSE MY WIFE IS FILING FOR DIVORCE AND HAS SOLD ITEMS THAT ARE CLEARLY MINE WITHOUT MY CONSENT AND WE ARE IN SEPARATION ALREADY GONE TO FIRST MEDIATION CLASS