A common problem associated with the end of a marital relationship, or the conclusion of a domestic partnership, is dealing with personal property. Indeed, the situation arises even in instances in which a couple is merely living together.
If you have reached this juncture with your husband, domestic partner, or live-in significant other, you likely are interested in finding guidance regarding what needs to be done to best protect your rights and interests. High on your list of questions may well be what you can do to prevent a husband, or other intimate partner, from taking property out of the house.
Obtain Judicial Intervention
If you are married, the most solid course you may want to seriously consider pursuing is filing for divorce. When a divorce case is filed, you have the ability to seek and obtain what are called temporary orders.
Temporary orders can include an order restraining your husband from removing property from the house without a specific order from the court permitting the removal of certain items. This process allows for a more deliberate and appropriate distribution of assets, even on a temporary basis or during the course of the divorce proceedings themselves.
You can also see judicial intervention if you have legally recognized domestic partnership. If you are merely living together, in all likelihood you do not have relief available to you under the provisions of a state's family law statutes. However, you may be able to bring a civil lawsuit in order to prevent the removal of property from your home without further judicial intervention.
If you find yourself involved in an abusive situation with a husband, domestic partner, or live-in intimate partner, you may be able to pursue a protection from abuse order. Through such an order, you can prevent the other party from gaining access to your home. By extension, this can prevent the removal of property from the home as well.
Contact Law Enforcement
If your husband, or lover, elects to attempt to remove property from the home, you can contact the local sheriff's office or police department. There is not guarantee that they will intervene to stop the removal of property from the house. Law enforcement may consider this to be a civil matter outside their purview. If that is the case, you will need to seek judicial intervention in some form.
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Mediation
In an increasing number of situations arising out of domestic disputes and the breakdown of relationships, people are turning to mediators. A mediator may be able to assist you in resolving an array of disputes associated with the end of your relationship, including what property can leave your home with your husband or romantic partner.
Mediation involves the assistance of a professional mediator. A mediator does not make decisions for you. A mediator does not hear evidence and then issue an order. Rather, a mediator assists you and the other party in reaching agreements regarding different issues. There are mediators that specialize in domestic disputes.
Oftentimes the first step in obtaining the assistance of a mediator in resolving issues is hiring an attorney. A mediator does not take the place of legal counsel. Rather, a mediator is helpful in avoiding protracted court proceedings. In the end, you are likely to save money in case associated with the ending of a relationship when you engage the services if well-trained mediator.
Retain Legal Counsel
The end of intimate relationships of all types can prove to be highly contentious. In addition, the different laws that can come into play to protect your interests can prove to be complex. For these reasons, you really are best served seeking the professional assistance of a skilled, experienced attorney. This includes when you are faced with the prospect of your husband removing property from your home over your objection.
An attorney, including a divorce lawyer, can schedule an initial consultation with you to evaluate your situation and discuss what options and strategies may be available to you. In addition, during such a meeting, you will be able to ask specific questions you might have regarding your particular situation. As a matter of practice, an attorney usually will not charge a fee for an initial consultation to discuss your case.