Can I take my spouse's things out of the house after being separated for ten months?

Asked over 4 years ago - Boynton Beach, FL

He left the house ten monts ago but we are not divorce yet. He left things in the garage and after two months I asked him when was he going to get them out of the house. He stated that he was going to leave them there as long as he wanted to. I need the space and I also do not want him to be comming to the house whenever he wants with the excuse he needs something from his things. We are both owners of the house. Do I have a legal right to take his things out of the house? I wish I can get a divorce now but I just do not have the money to do it. He won't share the costs.

Attorney answers (2)

  1. Bruce Scott Rosenwater

    Contributor Level 8

    Answered . You cannot throw away, sell or destroy his personal items. If you have filed for divorce, you may want to file a motion to compel husband to pick up personal property or request that husband pay for the storage of these items, if you need the space.

    You may also want to file a motion for temporary exclusive occupancy of the marital residence.

  2. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . I would advise you to not get rid of his property. It is still his house and he does have a right to have his things there. You should find a away to get the divorce proceedings started so you can establish what the parameters are.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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