Can i take my property when i leave my marriage home?

UPDATED: Oct 1, 2022

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Can i take my property when i leave my marriage home?

I wish to leave the home my husband and
I share. I have not filed for divorce. I
am waiting to do that until I leave
because the situation is volatile and
the divorce being filed will make
matters worse. My question is when i
leave can I take my belongings with me
or do i have to wait until after the
divorce is final.

Asked on July 7, 2019 under Family Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can take anything 100% yours: that means anything--
* You owned pre-marriage;
* Paid for by your own money (e.g. money you earned or inherited);
* Anything given or gifted specifically to you (e.g. clothing, even if bought with joint or your husband's money; jewlery or iPods given as gifts; etc.).
You can't take furnishings, appliances, plates and silverware, electronics, etc. which were bought for use by the two of you as a family/couple, or anything he bought for himself with his money, or owned premarriage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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