When first splitting up, can the spouse who owns the home move the other spouse’s belongings to a storage shed if they give them the key?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When first splitting up, can the spouse who owns the home move the other spouse’s belongings to a storage shed if they give them the key?

Numerous attempts have been made to let the other get the items out but has made no attempt to do so.

Asked on March 3, 2018 under Family Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final decree of divorce has been issued which determines who has the exclusive right to possession, both parties have equal rights to the home that they shared together. Under the law it remains the "joint marital residence". This is true no matter whose name that the deed is in and even if a spoue has moved out. Accordingly, the spouse who remains does not have the right to move the absent spouse's belongings out of the house without permission.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final decree of divorce has been issued which determines who has the exclusive right to possession, both parties have equal rights to the home that they shared together. Under the law it remains the "joint marital residence". This is true no matter whose name that the deed is in and even if a spoue has moved out. Accordingly, the spouse who remains does not have the right to move the absent spouse's belongings out of the house without permission.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption