Is there a way that one spouse can protect themself if the other spouse wants to remove community property while judge is reviewing case?

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Is there a way that one spouse can protect themself if the other spouse wants to remove community property while judge is reviewing case?

Husband wants to take items that are community property from the dwelling before the judgment is rendered by a judge reviewing the case presented. Wife was given all community property by the husband, and now the husband wants to take community property. Is there any recourse the wife can take to keep the husband from entering the dwelling while the case is being reviewed?

Asked on July 11, 2011 under Family Law, Louisiana

Answers:

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

Answered 9 years ago | Contributor

I strongly urge you to seek legal help in your area.  Louisiana follows the Napoleonic Code which does not give women that many rights under the law as far as I know.  I can give you a general answer here but you need to askl  this question specifically of an attorney in your area.  The fact that you claim it was all purchased by your husband may not bode well for you down there.  Generally speaking a spouse can request that the court issue a restraining order forbidding the other spouse from entering the dwelling and removing any items claimed to be in contention as marital property and to dissipate any assets (get rid of, sell,. destroy).  But again, you are in a very odd place.  Get help.  Good luck.


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