If I’m going through a divorce and want to move out, can I take the items that I purchased before marriage now?

Do I need some kind of court order?

Asked on August 3, 2015 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, anything you bought before marriage is yours, so yes, you may take it. Practically, if your spouse feels that some of it was bought during marriage and/or was gifted or given to him or her, then during the divorce, he or she may bring that up and seek compensation for some of those items; you would then need to establish or prove, including by credible testimony, receipts and invoices, cancelled checks or  credit card statements, etc. that any disputed items were in fact bought before marriage.

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