Separated - Property Liability?


#1

Let me begin by stating that my wife and I have been separated for a little over 4 and a half months. She filed for divorce of room and board but my lawyer and I decided that it would be best if I just left instead of going through a judge’s decision on the matter. So there’s no formal divorce of room and board but I am not allowed by her into the home.

I did, however, get in the other day when visiting my son and was going to pick up some colder weather clothes since I didn’t take any when I left (my lawyer told me at the time to just take what I needed and I honestly didn’t think all of this separation agreement stuff was going to take this long). So, when I went up to my closet to get my things, nothing was there. She had thrown everything into garbage bags and put it all into the guest room. Now, much of those clothes were work clothes (suits, ties, dress shirts and pants, etc). So they’re going to be wrinkled and cost me to have them dry cleaned and pressed. My question is this: is she liable for those costs and for any damages that may occur to my personal belongings because of the way that she mishandled them? Or can she do whatever she wants to my stuff right now??

Thanks in advance for your advice.


#2

Before divorce she can do whatever she wants to do with your property, But now in your condition she is living in your house if she did anything she can easily prove that it happen by mistaken and she ll not be able to pay for your property.


#3

You do not have a direct claim against her for the expenses, but you should keep track of them. During equitable distribution, the court takes factors into consideration to determine what division of assets is equitable. If this is a significant expense, you may be able to argue that the court should consider it.


#4

I think if you have evidence that he damage your property or other things without any mistake than you can file for that after consulting with your lawyer.But you can’t claim for the damages that you have before the divorce.