What Can I take with Me


#1

We have not signed a property settlement yet but I am moving out. What can I take with me and what can he do to stop me from taking things? Also will I be able to come back and get other stuff until we reach an aggreement?


#2

** Not a Lawyer**

Take anything that is without a doubt owned by you. Try to take some marital things, using the “but I’m leaving you so-and-so” argument, not exceeding 50% of the marital property. You will have to have a list and account for the distribution when the property is divided. Assume anything you leave behind might just “disappear”, especially sentimental things of no material value. Assume you will not be allowed back in once you leave, until the property is divided and even then it can be difficult. Copy any and all documents that are joint documents, or you have access to on a flash drive before you leave. Storage is cheap and you never know when you might need them. If you can, take half the amount in any joint accounts. Again, you will have to give an accounting of this in the divorce, but too often it “disappears”.

All this assumes this is not an amicable divorce, and assumes worst case, which seems to happen with depressing frequency.


#3

It is best to try to reach an agreement with him on the property you take and leave, but you can take anything that is marital. If you take more than half then you will have to account for it at ED.