What Property Can I Take When I Leave the House

We have been discussing divorce for over a year now. We are struggling through creating the separation agreement, but it’s past time for me to leave. I have an apartment leased and will be moving in the next month.

I would like to take some belongings, such as a desk, dresser, computer, etc., that are exclusively used by me and will not affect the family, which is remaining in the current home.

My wife has taken the position that I may not remove any marital assets when I move out. There are some emotional issues at play and she will not be accommodating to me.

I know that I am asking for a straightforward answer to a complex situation, but can my wife legally prevent me from taking a reasonable set of assets (without any significant, negative impact to the family) to establish a place for me to live?

There is no hope of creating a larger, legal agreement in the remaining time. Any other alternatives would be appreciated.


You may take up to one half of the furnishings in the home, and are perfectly within your rights to take the items you list, so long as they do not make up the majority of the household items.