# Can I move my stuff out before presenting her with divorce papers?



## IMPTEE (Jun 29, 2012)

I have personal proof that my wife is cheating on me, but I'm afraid it will not hold up in court. If I were to move some of my prized possessions out of my house and store them in a secure location would she be able to take them from me in the divorce without having a household inventory?

Thanks.


----------



## keko (Mar 21, 2012)

Depends, were you possessions acquired before marriage?

On the other hand you can offer her to keep her affair under wraps in return for her not wanting back those items.

In either case, when she's not at the house go with a friend and take your stuff than secure them off-site.


----------



## Lon (Jun 6, 2011)

I would expect if she were to file a separation agreement it would come down to a judge saying she will get the value of her half or community property. So if your possessions were acquired during the marriage, she won't necessarily get to touch them, but she is entitled to her half of the the value of the marital property, so you will have to buy her share of your prized possessions again.


----------



## IMPTEE (Jun 29, 2012)

Ok, but what if she is so out of touch that she doesn't even have a clue as to some of the things that I have or their value for that matter?

I mean I know it is sneaky but she has screwed me so hard already I feel like this is the least I could get...


----------



## the guy (Aug 3, 2010)

Protect your stuff for now, and talk to your lawyer to discuss your options.


----------



## survivorwife (May 15, 2012)

IMPTEE said:


> I have personal proof that my wife is cheating on me, but I'm afraid it will not hold up in court. If I were to move some of my prized possessions out of my house and store them in a secure location would she be able to take them from me in the divorce without having a household inventory?
> 
> Thanks.


It's definitely worth the risk. In some separation agreements, you both would agree to keep whatever is in your possession, without an inventory. Clothing. Personal Affects. Non-Marital Property (what you had before you married) etc. If your "prized possessions fall into those categories, OR you agree that what is in your possession is yours, OR she doesn't protest your holding those items, then they are yours to keep.

If, however, she lists the items in a counterclaim for divorce, claiming the items as marital items and demands her fair share (50%), then you may have to give her half.

Either way, it's worth the risk. Take them and hide them.


----------



## aug (Aug 21, 2011)

If the processions got lost, stolen, misplaced, gambled away, etc. could they still be part of the community asset?


----------



## IMPTEE (Jun 29, 2012)

aug said:


> If the processions got lost, stolen, misplaced, gambled away, etc. could they still be part of the community asset?


This is the angle I'm getting at...


----------



## survivorwife (May 15, 2012)

aug said:


> If the processions got lost, stolen, misplaced, gambled away, etc. could they still be part of the community asset?


Depends on when it happened, how it happened and whether it is truthful as to how they came to their "demise". A spouse, once separated, can't simply claim that they took possession and the property was then stolen. Has to be proof or the other spouse won't believe it and may demand monetary compensation for the missing items.


----------



## the guy (Aug 3, 2010)

Just take your crap and hide it....she's screwing around and tough sh!t for her. Let the court figure it out...and for that matter let your STBXW figure it out!

Don't say a damb thing to her and if she asks, tell her "her lawyer needs to talk to your lawyer regarding anything more about the marriage and its assets".


----------



## survivorwife (May 15, 2012)

the guy said:


> Just take your crap and hide it....she's screwing around and tough sh!t for her. Let the court figure it out...and for that matter let your STBXW figure it out!
> 
> Don't say a damb thing to her and if she asks, tell her "her lawyer needs to talk to your lawyer regarding anything more about the marriage and its assets".


:iagree:

Exactly right! Do it first. Leave the rest for later.


----------



## dingerdad (Nov 23, 2011)

Sell them to a friend....cheap. Buy them back at a later date.


----------



## Count of Monte Cristo (Mar 21, 2012)

dingerdad said:


> Sell them to a friend....cheap. Buy them back at a later date.


Make sure it's a really really good friend... and not the one that you don't know is currently banging your STBXW.


----------

