Legal Question in Family Law in Florida

Separating and General Assets

I am separating from my husband, to make things easier he is aware I will be leaving during a work trip. I am only taking the bed and futon along with my clothes and a tv I purchased prior to the marriage. He said if he is not there that is stealing. Does he have the right to sue me for these Items I am not asking permission to remove from our home?


Asked on 8/13/08, 1:23 pm

1 Answer from Attorneys
Robert Simpson

Re: Separating and General Assets

Sounds like a divorce may not be too far off. In any event, if you are taking items of property that you had before marriage, then it is not considered "marital" property and you will be fine. Whether or not he is there does not make or not make an event a "theft".

You can't steal your own property. I doubt seriously that law enforcement would get involved in what is purely a civil matter. But there are stranger things that have happened.

However, your exposure, if you take these, items while he is gone, is this. He will claim you took the "Mona Lisa", the Eiffel Tower and King Tut's Mine along with your stuff.

May want to get an attorney involved at the outset.

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Answered on 8/13/08, 2:32 pm


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