restraining order question on divorce

What is the name of your state (only U.S. law)? ohio
In our divorce is the standard mutaul restraining order saying that we can not touch or move any assets until the courts determine what is martial and seprate property. The problem is the house is in forclosure and is up for auction on the 21st of Jan. My husband is living in the house right now. How can I make sure I do not lose any belongings by being locked out of the house. I can not go there I will break the other order barring me from the house .Does My husband have to remove everything so we do not lose anything since he is in possition of the items?Until the courts decide who gets what.

tincey08 said:

What is the name of your state (only U.S. law)? ohio
In our divorce is the standard mutaul restraining order saying that we can not touch or move any assets until the courts determine what is martial and seprate property. The problem is the house is in forclosure and is up for auction on the 21st of Jan. My husband is living in the house right now. How can I make sure I do not lose any belongings by being locked out of the house. I can not go there I will break the other order barring me from the house .Does My husband have to remove everything so we do not lose anything since he is in possition of the items?Until the courts decide who gets what.

Click to expand...

Is there a physical restraining order against you or are you talking about the standard order stating that you can not sell assets?

If it's the standard order, you would probably be OK picking up items which are clearly personal in nature (clothing, gifts, etc), as long as you document what you took. If you're worried about major items (appliances, furniture), your husband would have to do that since he has possession of the home.

If it's a personal restraining order, you will need to rely on your husband to remove your items and arrange for them to be delivered to you in such a way as to not violate the order.

Or, you could ask the judge for permission to remove your items, possibly offering to have a third party there while you do so.

tincey08 said:

What is the name of your state (only U.S. law)? ohio
In our divorce is the standard mutaul restraining order saying that we can not touch or move any assets until the courts determine what is martial and seprate property. The problem is the house is in forclosure and is up for auction on the 21st of Jan. My husband is living in the house right now. How can I make sure I do not lose any belongings by being locked out of the house. I can not go there I will break the other order barring me from the house .Does My husband have to remove everything so we do not lose anything since he is in possition of the items?Until the courts decide who gets what.

Click to expand...

I will send a link to this thread to OhioGal who has experience in Divorce/Family Law in Ohio. She is a site verified Attorney.

Thank you very much. I am hoping I can write a letter to his lawer and inform them that I expect my husband to move all poperty out of the house and into a secure place that will not damage anything, until the courts decide. I will not go there myself because of the restraining order stating that I can not remove from present location both real and/or personal property. also my husband has a very bad anger problem so I will not go. I do not have a lawer I have no money for one.Trying to do it myself.