My stbx and I have been to court 5 times. We never got to the stand…due to the case being continued or attorneys having to do more paper work. The last court date, he didnt show up, but his attorney was present and said they wanted to go to mediation. My attorney and I agreed. A memorandum was written up and sign by me, the judge,my attorney and his attorney. It was suppose to happen in 30 days but now its been 3 months and I havent heard from them. (He was paying for mediation). We were in court for divorce from bed and board, post separation, alimony and ED. I have since then left the marital home, I still have keys to the house and the garage door opener. I would go over and get my mail and check on my belongings. My stbx is a narcissitic and is very difficult to deal with. He will not help me finacially, ended my insurance coverage, ended my cell phone and reported my phone stolen. I lost my job over 2 years ago and all my money has been spent buying and furnituring the home HE lives in. I was in an abusive marriage for almost 19 years. I went last Sat. with a moving truck along with a sheriff escort and he was called home. He told the sheriff we were still in litigation and the sheriff said I can only get a few clothes and tools…I left the home about 5 months ago. The stbx and I had verbally said what we would split out of the house. I have been reading this forum for the last 3 yrs and I thought the law says I can take any furniture I had before we married and my gifts.and half of the furniture in the home. The stbx wouldnt allow me to get any furniture, only my clothes and wouldnt let me get my grand daughters clothes out the house. What do I need to do the get my half of the furniture and my other personal belongings out of the house? My attorney withdrew from the case about 2 weeks ago. Thanks in advance.
The law does say you can take those things, in an ED claim. You have left the house, and even though you were abused, if you leave the house you have no right to return there absent his permission. You say you have keys, but I wouldn’t recommend using them. For one thing, he can change the locks anytime he wants to. Also, you could be arrested for domestic criminal trespass if he is aware of your entering the house. It’s a good thing you had the sheriff with you when you got some of your belongings. You will have to make do with what you have for now, unfortunately, and seek the rest of your belongings back in ED.