Here’s a great article from Steve Raiser, a Los Angeles criminal attorney. Issues involving divorce are often very complicated, especially due to anger, anxiety, and the stress involved. These mixed feelings cause hatred between two people who were once happily married. As the traditional saying, “it’s a win-win only if I win twice,” some spouses can do everything possible to revenge. Regardless of what caused the divorce, vengeance will complicate and damage the case more.
To answer your question, whether you are living in an equitable distribution state or community property, your spouse should not intimidate or threaten you that he will throw your belongings outside. Generally, it is not legally permitted to throw a partners’ property outside. Therefore, in case he goes ahead and throws your personal property outside, he should be accountable for all the losses you incur before the divorce is over. In case he also harms you as he throws your stuff outside, ensure you call the police. It is also a wise idea to consult an experienced divorce attorney in your state to represent you.
Inquire from your attorney if you can get a domestic violence restraining order against your husband after he threatens you. Just because the domestic violence has occurred before the finalization of the divorce process doesn’t mean you can’t get a restraining order. In case your husband doesn’t threaten to harm you but threatens to throw out your property, it is advisable to temporarily move out of the house as soon as possible after filing for divorce. Your safety and that of your property and children should always come first.
Some states use the equitable distribution property, while others enforce the community property law, for instance, California. States that use the equitable distribution principle look at who will have the full custody of the children, the income of each partner, the duration of the marriage, and other factors before the assets are divided. However, community property states ensure that assets are divided equally.
The type of asset division in your state can in most cases determine what you will get eventually in case your spouse decides to throw your property outside. However, in such a case it is advisable to talk to an experienced divorce attorney to provide you with sound legal advice regarding how the assets can be split up, and get a better picture of what your spouse can end up with in case he decides to throw away your property.
You should also determine whether your home is a separate or matrimonial property before the divorce process is finalized. However, there is nothing inhibiting you from getting your personal property from your spouse before he executes his threat. It is advisable that you don’t go alone when collecting your items, especially if the relationship with your husband is soar. Remember to inform your attorney before you proceed to go and collect your items. Although an item can be yours because you inherited or purchased it, a judge can rule that the same item belongs to both of you. That’s why you should notify your attorney to make sure that you are making an informed decision.
Your divorce attorney will also recommend that you inform your spouse that he can be liable for the losses you incur. Such a notice can give you an upper hand during the divorce trial by using it against him.
Unless you are violently harassed, it is not advisable to leave your property behind. This is because leaving your property leaves you vulnerable to such threats among many others. Remember that it will also look bad on your part in case you decide to leave your property and children and you still want to seek custody over them. Leaving your property behind will also strain you financially while you need to maintain a frugal lifestyle until the divorce process is finalized.
It is necessary to talk to your attorney before you decide to move out. In case you didn’t, talk to one as soon as possible before you respond to your husbands’ threat of throwing your property outside.