If I leave my husband and move out, do I legally have the right to get my belongings from the house at a later date?

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If I leave my husband and move out, do I legally have the right to get my belongings from the house at a later date?

Asked on February 9, 2016 under Family Law, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you do have the right to return to the house and get you belongings. The fact is that until there is a final decree of divorce, legal separation agreement or other court order to the contrary, you have the right to not only goretrieve your personal possessions but to move back into the house if you choose. And this is true regardless of whose name that the deed (or lease) may be in. This is becasue as this point in time, the house is still the "marital residence".


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