If my husband left me but he refuses to remove all of his things from the house, what rights do I have to make him come get his things?

UPDATED: Aug 22, 2011

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If my husband left me but he refuses to remove all of his things from the house, what rights do I have to make him come get his things?

My husband decided that he no longer wanted to be married. He left with a minimum of items and is living with his parents. I have since been paying the mortgage for the house on my own. He still has equipment and clothes here that I have asked him to come pick up. He comes and gets a few items and leaves the rest. This is emotional turmoil to me everytime he comes home to just pick up a little more of his stuff. What can I do to get him to get all of his things and never come back to my home? I need to move on but it is hard when it feels as if a part of him is still here.

Asked on August 22, 2011 South Carolina


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  If you and your husband own the house together and have additional joint assets then unfortunately it will be quite some time before the matter is over completely.  And although I can truly understand how you must feel the legalities of the matter are such that unless you have an agreemnt r an order granting you exclusive occupancy pending the finalization of the divorce you can not remove his things or change the locks. The issue as to the mortgage is separate and apart from that issue.  You will be entitled to a set off in distribution.  I would speak with an attorney in your area on the matter.  Good luck. 

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