Question About Property

[jackaroo1223]

What is the name of your state? AZ


I am going to be filing for divorce from my husband. I recently had him served with an Order of Protection, in which he was to leave the premises immediatley. I now have no idea where he is, or when he will come to get all of his stuff. I have it all packed up and waiting for him. I am moving in about a month and really don't want to lug his stuff around with me. How long am I required to keep his belongings? Is there a waiting period and then I can throw them out of something?

Also, we were only married 6 months. I have some questions about belongings in regards to divorce.

I brought all the furniture into the marriage. Living room, dining room, bedroom, etc, and have a car in my name and my name only. He didn't bring any furniture or electronics other than 2 computers, and doesn't even have a car now. Everything I owned prior to the marriage is off limits to him, correct? Meaning, the court can't award him furniture/electronics or my car, in the divorce because it isn't community property, right?

Also, we did get a dog after we were married. Technically, I bought the dog with my own money (I know, its nitpicky since we were married and all). Since being seperated, I have given the dog to my parents since they have more room for him, and time for him. I know this may sound silly, but he can't try and get the dog, can he? He is like a baby to me.

One last question- I had my own personal checking account. His name was not on it. Not even just as an authorized signer. After I left, but before he was served with the restraining order, he wrote himself a check from MY personal checking account, and signed my name. He is claiming the old "possession is 9/10 of the law" bit and says because we are married it is legal for him to do that. That is one hundred per cent illegal and is check fraud, correct? I am considering pressing charges.

Thank you for any insight into this...I am thinking of doing the divorce DIY since there isn't any children or shared property involved to keep the costs down. Since I don't even know where is now, I have a feeling this may be quite a process.

 

[Bali Hai]

What is the name of your state? AZ


I am going to be filing for divorce from my husband. I recently had him served with an Order of Protection, in which he was to leave the premises immediatley. I now have no idea where he is, or when he will come to get all of his stuff. I have it all packed up and waiting for him. I am moving in about a month and really don't want to lug his stuff around with me. How long am I required to keep his belongings? Is there a waiting period and then I can throw them out of something?

You can do anything with his belongings that you want, but be aware that you will be responsible for what you do.

Also, we were only married 6 months. I have some questions about belongings in regards to divorce.

I brought all the furniture into the marriage. Living room, dining room, bedroom, etc, and have a car in my name and my name only. He didn't bring any furniture or electronics other than 2 computers, and doesn't even have a car now. Everything I owned prior to the marriage is off limits to him, correct? Meaning, the court can't award him furniture/electronics or my car, in the divorce because it isn't community property, right?

If you can PROVE all of this stuff is your separate property, the court might let you keep it.

Also, we did get a dog after we were married. Technically, I bought the dog with my own money (I know, its nitpicky since we were married and all). Since being seperated, I have given the dog to my parents since they have more room for him, and time for him. I know this may sound silly, but he can't try and get the dog, can he? He is like a baby to me.

As long as you give STBX half the equity in the stupid mutt, I mean rover, there shouldn't be a problem.

One last question- I had my own personal checking account. His name was not on it. Not even just as an authorized signer. After I left,

HALT!! I heard you say that HE left earlier!!

but before he was served with the restraining order, he wrote himself a check from MY personal checking account, and signed my name. He is claiming the old "possession is 9/10 of the law" bit and says because we are married it is legal for him to do that. That is one hundred per cent illegal and is check fraud, correct? I am considering pressing charges.

Forget it. No DA would touch that case, especially in AZ where men are still men.

Thank you for any insight into this...I am thinking of doing the divorce DIY since there isn't any children or shared property involved to keep the costs down. Since I don't even know where is now, I have a feeling this may be quite a process.

Offering him a little alimony might just simplify matters and save you some litigation costs.

 

[Ohiogal]

What is the name of your state? AZ

Arizona is a community property state. Everything bought during the marriage -- all assets and debts -- are split 50/50.

I am going to be filing for divorce from my husband. I recently had him served with an Order of Protection, in which he was to leave the premises immediatley. I now have no idea where he is, or when he will come to get all of his stuff. I have it all packed up and waiting for him. I am moving in about a month and really don't want to lug his stuff around with me. How long am I required to keep his belongings? Is there a waiting period and then I can throw them out of something?

You are not allowed to dispose of ANYTHING. Unless of course you want to end up paying him for what you dispose of.

Also, we were only married 6 months. I have some questions about belongings in regards to divorce.

Okay.

I brought all the furniture into the marriage. Living room, dining room, bedroom, etc, and have a car in my name and my name only. He didn't bring any furniture or electronics other than 2 computers, and doesn't even have a car now. Everything I owned prior to the marriage is off limits to him, correct? Meaning, the court can't award him furniture/electronics or my car, in the divorce because it isn't community property, right?

It is separate property. The 2 computers are his. Where did his car go?

Also, we did get a dog after we were married. Technically, I bought the dog with my own money (I know, its nitpicky since we were married and all). Since being seperated, I have given the dog to my parents since they have more room for him, and time for him. I know this may sound silly, but he can't try and get the dog, can he? He is like a baby to me.

Yes he can ask for the dog. He can also be awarded the dog as it is a marital asset. It is not a baby to you because it is considered property and people do not give babies to their parents normally. This forum excluded of course.

One last question- I had my own personal checking account. His name was not on it. Not even just as an authorized signer. After I left,

I agree with Bali on this -- you stated that HE was forced to leave. When did you leave?

but before he was served with the restraining order, he wrote himself a check from MY personal checking account, and signed my name. He is claiming the old "possession is 9/10 of the law" bit and says because we are married it is legal for him to do that. That is one hundred per cent illegal and is check fraud, correct? I am considering pressing charges.

Not necessarily. he is not correct but then again neither are you. What was in your personal checking account that accumulated over the last six months was MARITAL property. He was entitled to 50% of what is in the checking and savings accounts that accumulated over the last six months. And it may not legally be considered forgery.

Thank you for any insight into this...I am thinking of doing the divorce DIY since there isn't any children or shared property involved to keep the costs down. Since I don't even know where is now, I have a feeling this may be quite a process.

You have to serve him. There is shared property. And you need to know what you are doing. If you don't know where he is you will have to follow the rules for serving by publication.

 

[Ozark_Sophist]

You could put his property in storage when you move. Small monthly cost compared to potential liability in divorce for disposing of his assets.

 

[CJane]

This is the answer I gave you in your other thread on the topic of his 'crap'.

Your best bet then, is to draft a letter detailing exactly what is in the house that belongs to him, and give him a set time frame which to contact a 3rd party that you designate in order to make arrangements to pick his stuff up.

Or, move his belongings into a storage facility. Pay the first month's rent and then send him the key/code/location.

I presume you'll be filing for divorce?

I'm confused though...

In this thread from a month and a half ago, you weren't married (or at least, you had a boyfriend sleeping over)

https://forum.freeadvice.com/showthread.php?t=378312

What is the name of your state? Arizona

Also, this morning, my boyfriend was in the living room getting dressed for a job interview while watching TV.

 

[VeronicaLodge]

i love it when you guys do this! this place is better than a soap opera!

 

[jackaroo1223]

This is the answer I gave you in your other thread on the topic of his 'crap'.



I'm confused though...

In this thread from a month and a half ago, you weren't married (or at least, you had a boyfriend sleeping over)

https://forum.freeadvice.com/showthread.php?t=378312

Hahaha...force of habit- referring to him as boyfriend when he is in fact my husband. Sorry for the confusion.