Do I have the right to sue my soon-to-be ex-wife for removing my personal property from our home?

UPDATED: Jul 14, 2011

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Do I have the right to sue my soon-to-be ex-wife for removing my personal property from our home?

I am currently going through divorce proceedings and nothing from the house that belongs to me or that is being contested should have been removed from the property. My wife sold some of the items that belonged to me. I also had a dog and she sent him to the pound without my knowledge; he was put to death by gas. Since it was court ordered not to remove any items, and she did admit to the judge during the pre-trial that she did, could I sue her?

Asked on July 14, 2011 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that you have better options here than suing her separate and apart from the divorce action.  Why go through the time and expense of explaining it to another judge when the one presiding over the divorce already has a very good understanding of the issues involved? First, if you have already signed an agreement distributing marital property ask that the judge set it aside and order redistribution favoring more going to you. Here are just some of the reasons why.  First, if she has sold marital assets that is known as dissipating marital assets and that is a big no, no.  Also, violating a court order is contempt and she could be thrown in jail and/or fined by a judge and be made to pay restitution to you.  If you have not reached a settlement agreement then these issues will be raised at trial.  Just make sure that your lawyer is aware. Good luck. 

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