Can I Take Any of my Personal Property before the Divorce is Final?

Posted on October 18, 2021

personal propertyOne of the most controversial issues when dealing with a divorce is property division. You may think that once the divorce is finalized that disputes will have come to an end. However, this is not always the case. At least one of the parties will have to get their personal property back from the other. This is why it is important to hire a family law attorney Greensboro NC located within Greensboro family law to assist you with your divorce property. You may also consult with the law office of Mercedes O. Chut.

Take Personal Property with Upon Moving Out

Since one of the parties, or both, will be moving out of the home prior to a divorce, it is recommended that all items you want to keep are brought with you. However, before you take anything with you, you should understand what the difference is between marital and separate property. You may be able to gain this knowledge from a Greensboro family law attorney. They can explain all you need to know.

Separate property is any items that you owned prior to marriage. Marital property is everything that you purchased while you were married. According to state law, these things must be divided up. However, before your divorce is finalized, you can grab any separate property you would like.

Getting Property After Moving Out

An excellent property settlement, which can be explained by a family law lawyer Greensboro, details which each party would receive as well as the time frame for receiving these things. If this pertains to you, you should make sure to collect your items before the time runs out. If you fail to do so, you may forfeit your rights to receiving them in the future.

If you and your ex-spouse get along pretty well, you can mutually come together at a convenient time to come and get your things or have a third person you both trust to trail along, if you do not want to be alone.

Getting Rid of Spouse’s Belongings

No spouse will have the right to destroy or sell the other’s property without permission from the court of the other party, only once the divorce has been filed. However, even after a divorce has been finalized, nothing can be thrown away of the other spouse until certain time restrictions have lapsed. Failure to follow these rules set in place will give the other spouse the right to claim wrongful disposal.  Again, this is why you should always consult with a divorce attorney Greensboro NC for more information.

How can an attorney help?

Of course, there are always some cases where the ex-spouses are unable to come to an agreement on personal property and retrieving it. This is where a divorce lawyer Greensboro comes in. It is always recommended that spouses come to an agreement in regard to personal property that is of low value. The majority of times, one of the parties will not want to retrieve any personal items. Attorneys for both parties will be able to work an arrangement out to allow one of the parties to enter into the home and collect his or her personal property.

It is not wise to take any large items during this time since it can cause disputes later on. If there is any item that is of high value, it is usually best to divide those items during the actual settlement negotiation.

Finally, a court will intervene if neither party can come to an agreement on dividing personal property. However, this is usually not a case when one or the other has retained an attorney.