Can a spouse I am preparing to divorce keep me from getting my belongings?
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Can a spouse I am preparing to divorce keep me from getting my belongings?
If I left my house because my marriage was causing me health problems and have been living with my Mother for almost a year (but have not changed my physical address, only purchased a PO box locally so that I could get some of my mail), can my husband remove my belongings from the house (a house in which my name is first on the loan) and/or change the locks and therefore keep me from retrieving my belongings? Other germane facts: Husband has not made any mortgage payments since I left, he fails to pay the utility bill, the house is in foreclosure and he has not paid the insurance.
Asked on February 5, 2012 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for the situation. The "other" germane facts do not change the general rule that your spouse can not change the locks unless there is a court order or agreement allowing exclusive occupancy. AS for your belongings,aspouse can not dissipate assets, marital or non-marital. I think that it is time to seek legal help. You have lot that is going on here that needs to be sought out. Good luck.
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