If I am getting divorced, can my husband husband sell my things?

Question Details:

My husband and I are separated for 6 months. He was emotional physically and mentally abusive most of our marriage. He at one point went to jail for poss of a firearm by a felon (although what he really did was put a loaded gun to my head) We are supposed to file on Tuesday but now he wants to sell everything and take everything from me. What should I do?

Asked 11/13/2011 under Divorce, Marriage, Alimony | 94 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Lyle Johnson / Lyle W. Johnson Attorney at Law Answered 6 months ago | Contributor This attorney is licensed in California

You should file for dissolution immediately and serve him with the summons and petition.  There are automatic restraining orders that prohibit the sale or disposal of any property.  The only exception would be the sale of property to provide the necessities of life.  You should also consider obtaining a domestic violence restraining order against him.  Your clothing and other personal items are considered to be your separate property.  If you cannot afford to retain an attorney then you should go to the family court legal clinic.

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