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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10277
Experience:  Experienced Family Law Attorney
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My ex wife moved out two years ago and took majority of our

Customer Question

My ex wife moved out two years ago and took majority of our furniture and left behind the belongings she didn't want. She also left some items in my garage. About a year ago she brought back our mattress because she got a new one and didn't have the room.
She is now getting ready to move again, and wants to come get her belongings remaining in the garage. I am ok with her picking them up as it is just junk however, I do not want her to come into the house nor do I want her to take back the mattress. Is there
anything I can do.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Are there any legal proceedings pending (ie petition for dissolution)?

Customer: replied 1 year ago.
we are going through finishing up our divorce. My lawyer is preparing the MSA
Expert:  LegalGems replied 1 year ago.

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.

Expert:  LegalGems replied 1 year ago.

If you have any questions please post here- otherwise

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