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Can spouse remove marital property when ordered to remove only personal property?

Alexandria, VA |

I was awarded exlusive use of marital home and spouse was ordered to only remove personal property. Now that he has his own place he stated to me that he wants to remove items that were acquired during the marriage to furnish his new place. Can he do this? He wants to remove items that the children use in order to for them to have them at his place for example, their televisions and computer. As well as furniture.

Attorney Answers 3


Usually the court's order would be specific as to what property is allowed to take. If you do allow him to take other marital property, keep a log of everything so it can be factored into the divorce judgment. You should really have an attorney on your case.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Personal property technically is any property that is not real property, but generally what the judge means is that the spouse that is leaving the marital residence can remove their personal items -- socks, underwear, watch, toothbrush, clothes, personal papers, and the like. Unless the court order specifically states otherwise (for example, husband may remove the pink lamp, blue sofa, and the set of purple dishes), then generally speaking furniture is not really encompassed in the "husband may remove his personal property" provision.

As far as the children's items are concerned, those items are almost certainly not included in the personal property of husband's that he may remove. The children's things should stay with the children. That having been said, if your husband will be having visitation with the children at his new residence and lacks the current additional financial resources to purchase a duplicate of everything that the children have in order to accommodate the children when they are with him, then I would suggest trying to work with your husband to ensure that your children will safe, secure, and comfortable in both homes.

This response does not create an attorney-client relationship and is intended for general information purposes only.

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Generally, personal property is a pretty expansive term. Without knowing the precise language used by the court, it is impossible to say what he is or is not allowed to pick up. If the order is unclear, you might want to seek a clarification from the court. If you don't have an attorney, I would suggest getting one.

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