Marital property distribution

My wife filed for divorce and we have agreed on the major assets in court but we have not reached an agreement on personal marital property. We are both living in the house for 30 days and then she is to move out. We have quite a few antiques that were purchased during the course of marriage. What recourse do I have if she packs those up and removes them from the house before we agree on who gets what?

Asked on June 26, 2009 under Family Law, Tennessee

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to request that the court "equitably" divide, distribute, or assign the marital property between you and your wife before she leaves with the antiques.

Just in case she leaves with the antiques, and to allow the court to make a determination, make sure (before she leaves) to collect all the information you can about the antiques, including purchase dates, values, etc.

Even if you don't get a court decision before she moves, you will have all the information to give the judge so he/she can make a determination.


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