This is a domestic case against me and I have been under restraining orders for the last month, as of yesterday the court has allowed me to go to my home of 6 years during the absence of my husband. My husband inflicted his own wonds to get me in this situation and feels he has all the rights to our household items. Since I am allowed to have access to my home and need items for a new place for me and my daughter am I allowed to take some furniture. We have a 4 bedroom home and there is plenty of items for both of us. The items I am taking were given to me by friends and the the TV I won. I have filed for a divorce but in the past my husband has taken all of the house items and put them in a storage where I could not get them and did not know where they were. What are my rights for possision of common property.
Optional Information: La Verne, CaliforniaAlready Tried: court
Thank you for your question. I am happy to assist you.
Absent a Court Order to the contrary, you have an equal right to the marital property as your husband does.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLAandNYLAWYER
Please hit ACCEPT so that I can get credit for my work
Bonuses and Positive Feedback gratefully accepted!
THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
25 years of experience helping people like you.
So I understand I may get some items from my home. Is this for california law? My orders say damage real or personal property I just want to make sure this doesn't mean that I can not take my items.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).