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In a marriage, a couple may have what is referred to as separate property and what is referred to as joint property. Generally, individuals can do whatever they want with their separate property as it has and always will belong to them. However, an individual may not remove items from a marital home that belongs to you or is considered joint property.
Do You Have a Divorce or Separation Agreement?
If there is a divorce or separation agreement between you and your husband or partner, it may stipulate when and how items may be removed from a home. Therefore, it is possible that he has the right to take property that either belongs to him or was given to him when you two split up. However, if there is no agreement or property is being taken in violation of this pact, it may be a good idea to call your attorney or talk to a judge.
A Restraining Order May Be Granted
It is possible that a judge could grant a restraining order against your husband or partner preventing him from taking any property. This order may be put into effect even if he owns the home assuming that the items belonged to both of you jointly. Such an order may also be granted if he is taking items that may be used to help care for any children that you had together.
You May Be Allowed to Change the Locks or Otherwise Restrict Access
If your former spouse or partner is attempting to take property from your home without a valid reason, it may be possible to take measures to prevent entry. For instance, you may be able to change the locks on the doors and windows. It may also be possible to install an alarm system that will deter him from trying to enter the home either legally or otherwise. Assuming that you have permission to do so, taking these steps may keep yourself, your kids and your property safe from theft or other abuse.
Let the Authorities Handle It
If necessary, call the police as soon as you see anyone trying to take things from your home without a court order or your permission. A police officer will be able to investigate the situation and resolve it calmly and without the need for the situation to escalate unnecessarily. Remember, a separation or divorce may bring out emotions that you may not be able to control, which could lead to a physical altercation or a shouting match that your children may witness.
It is never fun trying to deal with a man who is trying to take your belongings in an effort to make your life harder. However, the best way to handle such a situation is to stay in touch with your attorney and other authorities. Working together, it may be possible to get him to cease all attempts to take what rightfully belongs to you or your children.