If my name is on the house and my wife and I are still technically married, can I legally remove items from the house that her girlfriend brought into my home?

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If my name is on the house and my wife and I are still technically married, can I legally remove items from the house that her girlfriend brought into my home?

My wife left me for a woman, claiming she is 100% gay. She gave away all of our furniture and moved this girl in with all of her furniture, and property. Not to mention my 7 and 11 year old sons live there. I never was asked, nor did I give permission to allow this girl to move herself and her belongings into my home. From what I’ve been told possession is 9/10’s of the law.

Asked on October 3, 2012 under Family Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Before you start moving possessions from the home that you have written about, I suggest that you carefully read the marital dissolution agreement between you and your "ex" assuming there is one. Such document should set forth the property rights between you two as to who gets what pieces of furniture and the like.

If there is no mention as to items you wish to retrieve, then I suggest that you consult with a family law attorney and discuss the option of filing a petition with the court seeking an order from it allowing you to do what you wish to.


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