In a separation, can my wife take all the furniture? I offered to give her some. I paid for it all.

Asked over 4 years ago - Wellesley, MA

Should I get a restraining order? I don't want to make her leave but I don't know what I should. I'm afraid I'm going to come home to an empty house.

Attorney answers (2)

  1. Henry Lebensbaum

    Contributor Level 20

    Answered . A restraining order is only for threats and physical violence. When you file for divorce there is a financial restraining. order.

    I would not share the furniture except through a larger separation agreement or unless there is a court order. You should file for divorce.

    Contact me with any questions.

  2. Phil A. Taylor

    Contributor Level 14

    Answered . The furniture will be marital property that will be divided as part of the divorce proceeding. Since you both own the property there is little to prevent her from taking it now, subject to having to return some later, or possibly a monetary payment later depending on how the property is divided. If you file for divorce temporary orders can be addressed to prevent any immediate removal.

    A general restraining order, not a domestic violence restraining order, can be sough to prevent the removal of the property. If divorce is something that will be filed, the action for a general restraining order will be added expenses that may not be needed.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.

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