If my wife is leaving our apartment, what all is she allowed to take when she leaves if I am present when she is taking things?

My wife has admitted to committing adultery and she wants to leave now and eventually divorce. She has already taken all of our money in the bank, all of my last pay check, the car that has both of our names on it and both children. She has been back a few times and took things like all the toilet paper and other amenities from the home. She has even broke a few of my belongings (my guitar). What if anything does she have to leave me if I am present when she is moving out?

Asked on July 24, 2012 under Family Law, Maryland


Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

At this point, what else is there for her to take?  Until there is court action, she can take items that are hers or marital property (for now).

You need to file for divorce to place a stop to this by filing for limited or absolute divorce.  In the petition, you can request the return of the items you want to keep or their value.  

Also, before you forget, write a list of everything she has taken with estimated values.  Simply because she grabs marital property now does not mean she will be allowed to keep the items.  The court will decide the appropriate equitable division and custody arrangement.    

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