After 2 years of my husband not living in our house, can start taking our things from the house?

My husband and I have been separated for about 2 years now, at which he moved out of the house; I still continue to live here. I just recently had a stroke and he now wants to remove a lot of things from the home that is rightfully both of ours. He has threatened to bring cops with him to forcefully remove the stuff from the house. I have asked him to give me time so that I may fully recover from my recent stroke.

Asked on November 8, 2011 under Family Law, Florida


Alan Smith / Tallahassee Legal Counsel

Answered 9 years ago | Contributor

First, you should officially divorce as soon as possible. The court will distribute the property in such a way as to prevent these situations from happening again. The law generally addresses how property is distributed in divorce, and assumes that if two people are still married they are happy sharing the property. 

I would try to get a restraining order on your husband. If you can show that you need certain properties for whatever reason, the court might be reluctant to let him take them. Also, remember that if he is going to take marital property from your home with the assistance of law enforcement, you could make the exact same argument with any marital property that he holds. 

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