If I’m seperated from my husband, what can I do to get my things?

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If I’m seperated from my husband, what can I do to get my things?

I moved out of the family home but still have some things there. I have asked numerous times when I can get my things and my husband keeps putting me off. We are in a contested divorce. He has a lawyer and I do not.

Asked on November 20, 2012 under Family Law, Missouri

Answers:

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

Answered 9 years ago | Contributor

Unless he has exclusive use and occupancy of the marital home, by agreement or order , you can re-enter at any time.  If he has an attorney 10 to 1 there is an order in place.  So here is what I would do: at the next conference make the request in front of the judge or law assistant. If there is no conference that is upcoming I would then maybe make a motion (a formal request) to allow you to enter to obtain the possessions.  Here is the only issue: are they considered yours or "marital property" for distribution?  Good luck.


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