Legal Question in Family Law in Virginia

personal property in divorce

Husband kicked me out of house. I went to get my stuff and he packed it, leaving out quite a few things that are mine and stuff from before marriage. He wouldnt allow me access to the house to verify that he had packed everything of mine. Some of it he says isnt even at the house (personal paperwork, personal computer, etc.) he says the paperwork is at his lawyers and computer at his aunts? I am on the lease to the house. What legal rights do I have regarding this? What should I do? What if he sells my stuff? What if he sells the joint marital property before the divorce is finalized? If something such as my personal documents (his name is not on them anywhere) are removed from the house without my permission do i have any recourse?


Asked on 6/16/09, 9:20 am

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: personal property in divorce

You may have some recourse and you should consult an attorney. Good luck.

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Answered on 6/16/09, 9:43 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: personal property in divorce

As a leaseholder and spouse of the other tenant, you have the right to go into and occupy the house for whatever lawful purpose that you may have in mind, including the retrieval of any property to which you are entitled.

If your husband sells your property

or any other marital property before it can be lawfully divided, he will have to make it up to you in damages or other property before the dissolution of the marriage is finalized.

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Answered on 6/16/09, 11:52 am


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