Legal Question in Family Law in Maryland
husband moving out
If my husband is leaving does he have the right to begin removing items from the house, taking whatever he wants, considering we have not agreed on who takes what?
If he starts to take things out of the house, would the police be able to stop him?
2 Answers from Attorneys
Re: husband moving out
The police generally won't get involved in a property dispute unless you have clear evidence of sole ownership.
My suggestion would be to make a list of all items in the house, whether they are marital property or not (marital property is that which was purchased or acquired during the marriage using marital funds), and who is in possession of it. You may want to take pictures if possible.
If and when a divorce case is filed, the court will deal with property issues.
Re: husband moving out
Because the items are marital and it is a "civil" matter, the police will not get involved. However, depending on your county, the courts have found that you can steal marital items and have convicted a husband of such action.
I would consult a divorce attorney at your soonest convienience and get an order from the court to not dispose of or take marital or family use items from the marital home.
If you would like further information, please contact my office for a consultation.
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