How do I go about getting my personal property back intact from my spouse?

UPDATED: Feb 28, 2011

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How do I go about getting my personal property back intact from my spouse?

cCothing, picture, and valuable family heirlooms. Spouse is out-of-state.

Asked on February 28, 2011 under Family Law, Indiana


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

Answered 11 years ago | Contributor

Well that depends.  Are you in the process of getting divorced or have you just separated?  What?  You did not say here.  Generally speaking the law does not permit parties to destroy each others things or to dissipate marital assets during a divorce.  If you have an attorney then have the attorney contact your spouse's attorney and let him or her know that you will be there to get the stuff.  Unless your spouse has been awarded sole occupancy of the marital home you can re-enter to get your things, but I would not do so without notice just to show that you are on the up and up.  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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