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Can my spouse take and sell my things before the divorce is over?

Salem, IL |

I moved out of the home 4 months ago. I wanted my clothes, but my wife wouldn't give them to me. I left with the clothes on my back.

She moved in with her boyfriend. I went back to the home to get my things and they are all gone. She sold my flat screen TV and the 3 vehicles that I own. My clothes, I was told she gave away. She also threw some books and personal items away.

I have nothing. I have to pay her attorney fees and everything. What do I do, and can she do this to my things?

Like I said, I have nothing after 10 years, just the clothes on my back.

I left due to abusive action on her part. DCFS was involved, they said if they came out one more time, no matter whose fault it was the kids were being taken. She held a knife up to me, threw things at me, and hit me in the head with a bar. I couldn't take any more craziness from her. I also didn't want my kids going through this anymore. It was either me leaving to stop this nonsense, or the kids were going to another home.

Attorney Answers 2

Posted

The Guru's right.

Here's what doesn't sit right with me, you mention you have to pay her attorney fees. Generally (Presuming it's not a 511 or rule 137 action) that only happens when one side (you) has money, and the other side doesn't (her).

I don't know if you have an attorney, I'm presuming you do because 508 orders (making you pay for her attorney) generally require you to have LOTS of $$$. If that's the case, talk to your attorney about your concerns.

If you don't have an attorney, get one yesterday. Otherwise you'll be on AVVO a few months from now wondering why you're living in a van, down by the river - while your ex sleeps in a giant comfy bed, surrounded by piles of your money.

Man-up and get a lawyer.

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Posted

It sounds like you abandoned the home and all the possessions to your spouse.

She owned the things she sold, just as much as you did. Since you took off and did not seek court intervention by a divorce filing are motion practice to stay her actions, it now is her word against yours about abandonment.

This is a perfect example as to why an attorney should be consulted from day one on these things. Now, no remedy is likely possible for you. You abandoned your home and waived your rights.

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