Can my husband remove from house community property?

Question

I filed for a divorce after 13 years of marriage and my hubby is moving out. Can he remove community property or the children before a judgment by the courts is entered?

Answer 1

The date of "separation" is the date when both husband and wife finally decide that the marriage is over, with no intention to stay together as husband and wife. This is a very important date because it marks the end of when property is characterized as community property. Unfortunately, the date of separation is subjective and often open to debate. Courts will look for physical evidence as to a final breakdown of family relations, such as moving out of the house.
If he does leave the common home, it is however important not to remove any furniture or household goods without your consent before the divorce order is granted. He also is not free to come and go from the house as he pleases after he has left, except if this is done with your consent. As far as the children go, he cannot take them out of state or for long periods of time without both of you making the arrangements.

Answer 2

Usually this will be spelled out in the temporary orders but in the end you will need to find a reasonable settlement