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Can I just go get it?

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What is the name of your state (only U.S. law)? Kentucky

I have been married to my Husband for 3 years (tomorrow, Happy Anniversary) Although we are married, we have maintained seperate residences for the last year. This is due to issues with one of my children, not because I left him to be "single" We still see each other regularly and maintain daily contact (usually) However, he also maintains an apartment 1 hr away (he works a split shift) and stays there mostly during the weekdays.

Although I moved my children and some of our belongings out of the marital home, I still left alot of "not needed immediately" stuff there and my youngest and I stay there often. I have a storage building, greenhouse, 3 cars (my name) along with clothes and personal items for both me and my children, 4 wheeler and also put a pool up about a month ago. The intention was for my youngest son and I to "move back home" and rent my place after my oldest was on his own. From the way things were going, this would have taken place within the next month.

Well, I stayed last weekend up at the marital home. My Husband had been acting strangely, keeping his cell phone pretty close to him. Just enough to make me really curious. Well, I eventually checked the phone to discover text messages stating, "Haven't you already hurt me enough" "When can I call" (there were 3) I promptly recorded the number and came back to my home.

After discussing this with my Husband and of course, him denying anything, I contacted the number. Long story short, he had been shacking up with her during the week for the last 2 weeks. She didn't understand why he didn't call her while on vacation or the weekends, now she knows.

Well, Husband is still in denial, I am not. I want to move my remaining things from the property. I know I can go up & drive my cars off, even with the assistance of the Sheriff, they are all titled in my name only. My question revolves around my storage unit (equivalent of the back end of a box truck) and it would require a "boom truck" being brought in to move it (it would contain all of mine and my children's things) Legally, can I arrange this or can my Husband prevent it? We both know its mine, but he's really fired up at ME for finding out and choosing this path. The property is titled in his name, but I have a bill of sale proving the storage unit is mine. Will I have to take this to court or can I just go get it?What is the name of your state (only U.S. law)?
 


mistoffolees

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

I have been married to my Husband for 3 years (tomorrow, Happy Anniversary) Although we are married, we have maintained seperate residences for the last year. This is due to issues with one of my children, not because I left him to be "single" We still see each other regularly and maintain daily contact (usually) However, he also maintains an apartment 1 hr away (he works a split shift) and stays there mostly during the weekdays.

Although I moved my children and some of our belongings out of the marital home, I still left alot of "not needed immediately" stuff there and my youngest and I stay there often. I have a storage building, greenhouse, 3 cars (my name) along with clothes and personal items for both me and my children, 4 wheeler and also put a pool up about a month ago. The intention was for my youngest son and I to "move back home" and rent my place after my oldest was on his own. From the way things were going, this would have taken place within the next month.

Well, I stayed last weekend up at the marital home. My Husband had been acting strangely, keeping his cell phone pretty close to him. Just enough to make me really curious. Well, I eventually checked the phone to discover text messages stating, "Haven't you already hurt me enough" "When can I call" (there were 3) I promptly recorded the number and came back to my home.

After discussing this with my Husband and of course, him denying anything, I contacted the number. Long story short, he had been shacking up with her during the week for the last 2 weeks. She didn't understand why he didn't call her while on vacation or the weekends, now she knows.

Well, Husband is still in denial, I am not. I want to move my remaining things from the property. I know I can go up & drive my cars off, even with the assistance of the Sheriff, they are all titled in my name only. My question revolves around my storage unit (equivalent of the back end of a box truck) and it would require a "boom truck" being brought in to move it (it would contain all of mine and my children's things) Legally, can I arrange this or can my Husband prevent it? We both know its mine, but he's really fired up at ME for finding out and choosing this path. The property is titled in his name, but I have a bill of sale proving the storage unit is mine. Will I have to take this to court or can I just go get it?What is the name of your state (only U.S. law)?
You can take it, but be prepared to account for the value of the unit and its contents as the divorce progresses.

However, I would suggest that you talk with an attorney first. If you can live without the things for a while longer, you might have less problems if you file for divorce and ask for possession of the unit right away. That will forestall legal problems down the road if he claims you're dissipating marital property.
 
Thank you

Husband just called, he had "disappeared" for the weekend (wonder what he was doing:rolleyes:) I left him some text messages this weekend and told him the name and phone number of the Lawyer I intend to contact this morning.

Guess it got his attention (his achilles heel is court) I told him that unless he agreed to me getting my property, I would have my lawyer file a motion, serve him at work, he would have to take a day from work and attend court, hire his own lawyer, and when all is said and done I would have a Sheriff accompany to get the things (it is a rural community & it would be the talk of the town & his parents live 2/10 of a mile away) I also told him that when the Divorce is filed, I will file using the adultery (not grounds in Kentucky, but he doesn't know that ;) )

He has offered to bring all of my things to me, if I would agree to turn over one of my vehicles to him. It might be my best option to avoid conflict, but I will have to ponder it a bit.

Thanks for your help. I may hold off on contacting my Lawyer, just to see how this "plays" out. Since the things aren't critical to my day to day life.
 

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