How do you get your stuff during a divorce when you have aPPO against you?

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How do you get your stuff during a divorce when you have aPPO against you?

My father-in-law is going throu a divorce. His wife has a PPO against him, and lives in their house. How does he go about getting his stuff out of the house. The house is his wife’s pre-Martial house in which he moved in when they got married. Does he have any rights to getting his stuff before the divorce is final? How does he go into the house without breaking the PPO?

Asked on August 12, 2011 Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your father in law needs a family law attorney. Just because the home was only in his wife's name prior to the marriage does not mean things have not changed. If the title has changed to include his name or if he is on the loan, then an argument could be made that he is entitled to a portion of the home's worth. Further, if your father during the marriage used his income or his resources to help maintain the property, pay property taxes and upkeep, then again an argument could be made this portion of his work could translate into a percentage of the property becoming his. As to getting his stuff out, if there is pre-marital property he had and it is not major (think clothes, small furnishings or large items that she has no objection to), your father in law should seek his lawyer's help and a civil escort from the police. If his wife has a PPO against him but lives in the home and he lives in the home, then his lawyer could make the argument she has essentially waived all rights to the PPO by her behavior but he should leave before she has him arrested.


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