When couples divorce, typically, their personal property is split as part of the divorce process. The couple can do this through a settlement agreement, or the court can split the personal property, if the couple cannot agree. Generally, personal property can be removed in any way the couple mutually agrees to, but the couple's divorce decree may specify the way that the couple must actually take their personal property.
Check Your Divorce Decree
The way you remove your property from the marital home after your divorce likely depends on how well you and your ex-spouse get along and on what your divorce decree says. If you and your spouse can cooperate, you can coordinate a time when both of you can be at the home for you to remove your property. Generally, it is best if your ex-spouse can observe the removal process, to avoid later accusations that you took more than you were supposed to take.
If you and your ex-spouse cannot agree on the removal, however, check your divorce decree or settlement agreement. Often, these documents specify how property can be removed. If you are not yet divorced, you may want to make sure the removal details are included in your divorce documents. For example, your settlement agreement could specify a day and time for removal, along with witnesses who can be there to observe the removal and to verify that you are not taking more than you should.
Read More: Overturning a Divorce Decree
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