Property possession prior to divorce proceedings - MA

[criticalthinker]

Massachusetts

Two married friends recently physically separated (husband moved out) and each obtained a restraining order on the other. They head to court in June to address the 209A among other issues.

In the meantime, there's an issue regarding possession of a large boat owned by the wife. The bank still has possession of the title because a large balance is still owed on it, and both the loan and the registration are in her name. Apparently, her husband decided this weekend to take the boat while she was away (they live on a lake). It had not yet been insured and prepped for the season. Neverthless he had driven it to a friend's property at a different location on the lake. This was discovered when she called the local police department to report it stolen and was informed that the officers knew that he had it (they know him well) and intended to do nothing about it since they're still married at this point.

Which brings me to my question: can a spouse legally take possession of property that isn't in his/her name prior to the divorce proceedings in which the Court establishes property distribution?

Marital home aside, I was under the impression that until such time that a Court determines how property must be distributed, the parties may only take possession of personal property or property that they individually own. Though I'm not sure of the impact of a 209A on property prior to final divorce proceedings. The police officer's comments say otherwise, yet the environmental police in charge of patrolling the lake told her the local police department is incorrect. They advised her to demand that a stolen vehicle report be filed and to fax that document to them so that they may then put out an order to retrieve the boat.

The wife's main concern is that a boat registered solely to her, not yet paid off, and not yet insured for the season, is now in use on the water elsewhere on the lake without her permission. She's not sure what she can do about it. I know she'd appreciate any advice you might have for her.

Thanks in advance.

 

[OHRoadwarrior]

Absent a legal separation agreement, they are still married. I suggest she change the ignition and disable the motor, if she does not want him using it.

 

[criticalthinker]

Absent a legal separation agreement, they are still married. I suggest she change the ignition and disable the motor, if she does not want him using it.

That's excellent advice for future reference, thank you. Unfortunately, he has already taken possession of the boat.

Still, thank you for responding so quickly on a weekend. I know she'll appreciate it.

I had no idea that a spouse could simply take belongings that aren't legally in his/her name until such time that a Court ordered it so as part of property distribution during divorce proceedings. It opens the door to all sorts of liabilities.

 

[OHRoadwarrior]

Presumably, the boat is on the same lake. The lake is public water. Take a friend. Take boat. Repo the sucker.

 

[latigo]

Massachusetts

Two married friends recently physically separated (husband moved out) and each obtained a restraining order on the other. They head to court in June to address the 209A among other issues.

In the meantime, there's an issue regarding possession of a large boat owned by the wife. The bank still has possession of the title because a large balance is still owed on it, and both the loan and the registration are in her name. Apparently, her husband decided this weekend to take the boat while she was away (they live on a lake). It had not yet been insured and prepped for the season. Neverthless he had driven it to a friend's property at a different location on the lake. This was discovered when she called the local police department to report it stolen and was informed that the officers knew that he had it (they know him well) and intended to do nothing about it since they're still married at this point.

Which brings me to my question: can a spouse legally take possession of property that isn't in his/her name prior to the divorce proceedings in which the Court establishes property distribution?

Marital home aside, I was under the impression that until such time that a Court determines how property must be distributed, the parties may only take possession of personal property or property that they individually own. Though I'm not sure of the impact of a 209A on property prior to final divorce proceedings. The police officer's comments say otherwise, yet the environmental police in charge of patrolling the lake told her the local police department is incorrect. They advised her to demand that a stolen vehicle report be filed and to fax that document to them so that they may then put out an order to retrieve the boat.

The wife's main concern is that a boat registered solely to her, not yet paid off, and not yet insured for the season, is now in use on the water elsewhere on the lake without her permission. She's not sure what she can do about it. I know she'd appreciate any advice you might have for her.

Thanks in advance.

Remind your "friends" of the following:

6. The Automatic Restraining Order Provision of Probate Court Rule 411 (In part. Emphasis added)

The automatic restraining order provision contained in probate court rule 411 applies to both parties in the case. It applies to the plaintiff immediately upon filing the complaint for divorce. It applies to the defendant immediately upon being served with the summons and complaint. The automatic restraining order remains in effect during the entire case unless modified by agreement of the parties or order of the court.

The automatic restraining order contained in probate court rule 411 provides as follows:

“(1) Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of any property, real or personal, belonging to r acquired by either party, except: (a) as required for reasonable expenses of living; (b) in the ordinary and usual course of investing; (d) for payment of reasonable attorney’s fees and costs in connection with the action; (e) written agreement of both parties; or (f) by Order of the Court.

* * * *

If a party violates the automatic restraining order provision of probate court rule 411 the other party can file a complaint for contempt with the court. If a judge determines that a party has violated the automatic restraining order they may be found in contempt and the judge will impose the appropriate sanctions. A copy of the probate court rule 411 automatic restraining order is printed on the summons.

 

[criticalthinker]

Thank you both for the advice. Very much appreciated. I hope you enjoy the remainder of your holiday weekend.

 

[Bali Hai]

Massachusetts

Two married friends recently physically separated (husband moved out) and each obtained a restraining order on the other. They head to court in June to address the 209A among other issues.

In the meantime, there's an issue regarding possession of a large boat owned by the wife. The bank still has possession of the title because a large balance is still owed on it, and both the loan and the registration are in her name. Apparently, her husband decided this weekend to take the boat while she was away (they live on a lake). It had not yet been insured and prepped for the season. Neverthless he had driven it to a friend's property at a different location on the lake. This was discovered when she called the local police department to report it stolen and was informed that the officers knew that he had it (they know him well) and intended to do nothing about it since they're still married at this point.

Which brings me to my question: can a spouse legally take possession of property that isn't in his/her name prior to the divorce proceedings in which the Court establishes property distribution?

Marital home aside, I was under the impression that until such time that a Court determines how property must be distributed, the parties may only take possession of personal property or property that they individually own. Though I'm not sure of the impact of a 209A on property prior to final divorce proceedings. The police officer's comments say otherwise, yet the environmental police in charge of patrolling the lake told her the local police department is incorrect. They advised her to demand that a stolen vehicle report be filed and to fax that document to them so that they may then put out an order to retrieve the boat.

The wife's main concern is that a boat registered solely to her, not yet paid off, and not yet insured for the season, is now in use on the water elsewhere on the lake without her permission. She's not sure what she can do about it. I know she'd appreciate any advice you might have for her.

Thanks in advance.

Game wardens are given wide latitude with search and seizure laws to protect wild animals. Not sure if they have more power than a divorce court judge.