Legal Question in Family Law in California

The cleanest way I know is to actually file for divorce, get all the paperwork prepared and served, then file a marriage settlement agreement signed by both parties. Once that is filed, there would be a restraining order that automatically is placed on both parties, and he can't just go off and sell things. I say this is the cleanest way, because later on when you two are splitting up the other assets, a certain piece of furniture may be used to negotiate a fair split, or someone may feel unhappy about the process and just try to stick it to the other one if they find an opportunity (hard to believe, I know). Until you are in those final days of finalizing the divorce, you can't predict how people will behave. Some people have a real issue with the reality of ending up - best case scenario - with only half of what you had together.

Usually in my cases, the parties keep whatever is currently in their possession, but there are no guarantees. I usually tell the parties that it would cost less to replace the item than to pay the attorneys to fight over it. Fighting over a $400 rototiller when your attorney makes $250 per hour makes no sense (yes, I know of a case like that).You may want to risk it and take what you want. If he wants it later, make him pay the expense of moving it back. Ultimately you have to decide, but at least now you know your options.

To make things simpler, you can simply list the items given to him, and kept by you, and have him sign it. A notary is only required for documents that are going to be recorded, but if you think he is going to say later that the signature is not his, you can have it notarized. Just make sure you can find the notary when he claims the signature is not his.