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Seperation with expectation to be filed for legal

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meyer91

Junior Member
What is the name of your state (only U.S. law)? Indiana

My wife has asked me to leave the house and told me she is going to be filing for a legal seperation. I do expect her to but as of now not sure if she has. When I left the house I only left with some clothes and a laptop and my car. I have alot of things that I would consider mine do the the fact I used them. One of those things is my motorcycle. She told me she is going to sell it. We are both registered on it. I do agree it needs to be sold so we can avoid a repo because I can't make the payments due to a job loss I suffered a week ago. I want to get the bike so I can clean it up and sell it so we can pay it off and maybe have some money left over to pay some other bills. When I left the house she asked for the key and I gave it to her to avoid any confrontation. I want to know if I can go to my house adn get it since there has been no legal action yet on the seperation? How can I get the key back. I also have some other things that were mine that she wont give to me. How do I get them?

Thanks.
 


tuffbrk

Senior Member
The house she is currently residing in was the marital home? Is it owned or rented? In whose name?

If it is rented in both names - go get your stuff. You can request an officer accompany you if you believe there may be an issue with your STBX. I'm not sure if you have the same freedom to do so if the place is rented solely in her name - there may be a landlord issue there. Someone more knowledgeable will advise.

If it is owned in her name and/or both of your names - go get your stuff. It is the marital residence and unless you are court ordered to vacate, you needn't do so. Again, if you believe there may be an issue, request that an officer accompany you.
 

meyer91

Junior Member
okay. we own a house and is in both our names. As I mentioned the motorcycle which we have loan for and is in both our names is at the house which is sounds like I can go get, but she has the key and wont give it to me. Can I call the local sherriff to have them go and ask her to give it to me? Thanks so much
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? Indiana

My wife has asked me to leave the house and told me she is going to be filing for a legal seperation. I do expect her to but as of now not sure if she has. When I left the house I only left with some clothes and a laptop and my car. I have alot of things that I would consider mine do the the fact I used them. One of those things is my motorcycle. She told me she is going to sell it. We are both registered on it. I do agree it needs to be sold so we can avoid a repo because I can't make the payments due to a job loss I suffered a week ago. I want to get the bike so I can clean it up and sell it so we can pay it off and maybe have some money left over to pay some other bills. When I left the house she asked for the key and I gave it to her to avoid any confrontation. I want to know if I can go to my house adn get it since there has been no legal action yet on the seperation? How can I get the key back. I also have some other things that were mine that she wont give to me. How do I get them?

Thanks.
It appears that you suffered more than a job loss.

Make an appointment with a urologist to see what can be done about it.
 

ConfrontTheFear

Junior Member
Dude. First, read my name, then grow some man-balls and just go get the bike. If you have to, go and wait until she gets home and just go get it. She can make a scene all she wants. Just keep your cool and tell her what you're doing. Plain and simple. I know its easier said than done.

And from the sounds of it, I have a strong feeling its not selling the bike that you are afraid of. I am going through a divorce myself and speak from real experience. I was usually a pushover. But in all honestly and with all due respect, you need to stand up for yourself through this. You already left the house. What ARE you waiting for?

Keep it real.

Cheers.
 

smorr

Member
Okay - so I'm a woman and got a divorce, but I would never have done that to my ex-husband if he had been so cooperative about leaving! Good lord! My ex was physically abusive and I STILL let him in to get his things, even though I knew it wasn't a good idea and actually against the law since I had a restraining order on him at the time! I did have someone there to make sure nothing happened, which would have been no help legally anyway, because I was still under his "coercive nature" at the time. If you need your stuff, go get it. It's the marital home and you have just as much right to be there as she does! You also have the right to the bike AND the keys! Tell her off - it might just blow her mind a little and she may think twice about trying to push you around! You've just lost your place to live AND a job. What else do you want her to take from you? Looks like she's trying to strip you of your pride as well. DON'T let her do that! And this is coming from a woman!!! Sorry if I'm being harsh, but I hate seeing people get taken advantage of, whether it's a man or woman.
 

LdiJ

Senior Member
The bike is in both of their names. He can't get it without the key. Legally and morally she does not have to give him the key, because she owns it equally.

Therefore the advice he has been getting to simply go get it is worthless advice. He has admitted that he can't make the payments on the bike. Therefore the only choice is to sell the bike (which he also admits).

He apparently wants to do some work on it to make it more saleable. His only option would be to convince his soon to be ex that that is a good idea.

Also, while there is a legal separation law on the books in Indiana, for all practical purposes its a rather defunct law. In fact, many attorneys will say that there is no such thing as legal separation in Indiana.
 

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