Now that we are going to get a divorce, she claims she will not move out and has a right to my vehicles and furniture.
Can I take all my belongings, move out, and change the locks on the home since she will not leave my property?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice.
Based upon the information you provided, I am unsure as to whether you have already filed for divorce. In many states, you would be entitled to all pre-marital property.
However, if you have a mortgage on the home and have made any monthly payments since the date of marriage, your wife may arguably be entitled to a portion of the equity accrued during the marriage. She may also be entitled to temporarily stay in the home until she is able to acquire alternative housing for herself and her children.
Further, a judge would not likely look favorably on you taking away your wife and her children’s residence under such circumstances. If you currently have a divorce action pending, it is likely you can request a temporary hearing during which the judge can determine the temporary living arrangements.
Divorce Tips For Men:
In the event you decide that you would like to move out of the home on a temporary basis and let her remain in the home, you should document all your property and take court action if she destroys any of your personal property.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.