My husband decided to tell me this morning he was moving out . He wants all the furniture. The only thing I am asking for is the bedroom set in both our names
All assets - including furniture - that are owned jointly at the time of separation should be left as is unless the parties agree to some division in which case you should prepare a memorandum listing the pieces each party has. The way your question is framed, I am not certain that you are objecting to his taking other furniture and furnishings but leaving you with the bedroom set - you say that "the only thing I am asking for is the bedroom set...". If this is suggesting that you are willing to have him take the rest and he agrees to it, then you have an Agreement although you should keep a record of the various pieces and suggest that some sort of value should be assigned to those pieces. If there is no Agreement, then everything SHOULD remain in place BUT most of the time, separating or divorcing parties agree between themselves on such matters. It also depends on whether there is some inherent value to what he wants to take. At the very least, even a used couch needs to be replaced. Just a thought.
This would be a good time to do one of several things: 1. divide up all your personal property; or 2. enter into a comprehensive, written separation agreement; or 3. inventory and photograph all your tangible personal property in the residence for purposes of equitable distribution, if you are unable to accomplish 1 or 2. You might also try to agree on fair market values for each item.
One method some spouses use is to take turns, with each spouse choosing an item of tangible personal property and tagging it with a colored tag. You should follow this with a list of the items chosen by each, to be incorporated into a comprehensive written separation agreement.
If the two of you cannot agree on a division, you can submit the division of your marital property and allocation of your marital debt to the court in equitable distribution upon divorce. You should consult with an experienced Virginia divorce lawyer to discuss your options and the best course of action.
The foregoing is intended to be general legal information concerning Virginia law based on the scenario as written and not legal advice to anyone in particular. The information provided should not be relied on as legal advice or as an appropriate basis for any legal action, and it's provision does not establish an attorney-client relationship with the reader. Information shared or provided on a public forum is obviously not confidential or private. Every situation is unique and you should always immediately consult with a Virginia attorney to discuss all your options in light of your particular circumstances before acting.
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