if my wife and i are separated and if i have filed for divorce is it alright to move out all of my stuff because that is what she agreed upon? i cant stay where im at because im on here aunt and uncles property. i didnt know if there were any legal issues to this or not. she agreed that i could have all of my stuff she bought and all of my stuff before we got married and the stuff my parents bought for us together.
2007-03-23 03:21:26 · 8 answers · asked by astone 1 in Family & Relationships ➔ Marriage & Divorce
so it would be alright to like rent a place somewhere until the divorce is final because i cant stay there or have anywhere else to go?
2007-03-23 03:26:57 · update #1
Yes you can move into your own place , but be careful about buying to much new stuff, because it's all still marital property. So if you buy that new leather couch don't get too attached to it, it may not be yours long.
You have to be as conservative as possible until the divorce is finalized, So no Mercedes Benz buying either.
Hope this helps
2007-03-23 04:02:40 · answer #1 · answered by walker9842 4 · 0⤊ 0⤋
You need to have a separation agreement drafted that will specify what property you are entitled to and to make financial arrangements for paying bills etc. - especially if child support is involved. In most states you are responsible for paying 1/2 of everything until your divorce is final unless you have a separation agreement that says differently. Without the agreement, at the time of the divorce she can hit you with a demand for "back pay" to cover these expenses.This will protect you until the divorce is final. I have seen too many cases of the soon to be ex being generous at first - then changing their minds later and making claims the property was taken without their consent. making sure your financial arrangements are in order will also protect your credit rating.
2007-03-23 10:30:28 · answer #2 · answered by arkiemom 6 · 1⤊ 0⤋
To make sure you get your belongings, hire an attorney to have separation papers. The both of you, will list who keeps what. Then the agreement must be signed in front of the attorney or notary public, as a witness. This makes it legally binding and cannot be defaulted.
2007-03-23 10:30:54 · answer #3 · answered by Yafooey! 5 · 0⤊ 0⤋
if she has agreed i would write something up on paper and have her sign it before you took your stuff off the property. i mean its your stuff but still she could just be telling you this and then take you to court to sue you but if she signs an agreement on a peice of paper then you have every right to do what the paper says and what she has agreed upon.
2007-03-23 10:26:37 · answer #4 · answered by tcameron_2004 3 · 0⤊ 0⤋
I don't think you need anything in writting, as long as both of you agreed on it? But just to give you peice of mind and if in the future it gets ugly, then have a document typed up of all the details and what you both agree on and get it notarized w/ both your signatures.
Good luck
2007-03-23 10:31:02 · answer #5 · answered by ((surimi)) 2 · 0⤊ 0⤋
Yes I think so. When two people seperates they take their stuff with them.
2007-03-23 10:25:07 · answer #6 · answered by Anonymous · 0⤊ 1⤋
usually seperated people live apart
2007-03-23 11:21:27 · answer #7 · answered by jojo 3 · 0⤊ 0⤋
i say take them if that what she told you to do.
2007-03-23 10:28:42 · answer #8 · answered by lindy 2 · 0⤊ 1⤋