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Are there any legal proceedings pending (ie petition for dissolution)?
If a party has exclusive use of the residence, the other party cannot unilaterally come in and remove property. However, if the parties are in agreement, they can memorialize the arrangement (date and time, items to be retrieved) so that it is documented should the other party remove additional items. Alternatively, it can be postponed until the MSA is prepared (all terms agreed upon) and then the distribution of property can occur after. As for the mattress, if it was a community asset (acquired during the marriage) and then "gifted" to the other spouse it then becomes that spouse's separate property. It can be difficult to prove unless there is documentation (email/text) indicating one relinquished their rights.
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