When getting a divorce, many couples do not know what the legal proceedings are when it comes to property that's owned jointly. Not being informed about the process could make it difficult for you to make the best possible decision during your divorce when it comes to property. Here are two questions you may have.
What Can You Do When A Spouse Is Destroying Jointly Owned Property
Divorces are very emotional for a couple, so people will be stressed and angry. During an argument, it's possible that one person will start destroying jointly owned property to make the other person suffer. For instance, this includes things like breaking jewelry, damaging a car, or even putting a hole in the wall with their first.
You do not need to just sit by and watch your spouse destroy property that you own together. Spouses can be punished for these types of actions, and it could even result in them forfeiting the property to you. If the item is destroyed, they could be forced to pay you to repair or replace the item that they damaged.
Try to document as much of the destruction as you can so that they are unable to deny what they did later in court. Calling the police during an intense argument is also a great idea to get your spouse to stop breaking things. Property can always be replaced, and the law is on your side if your property is broken.
Will Moving Out Of The House Be Considered Forfeiting Property?
A huge misconception is that moving out of your home is the equivalent of forfeiting all your property. People wrongly believe that it is an action that says they are leaving all their belongings behind since they are not taking them with them. This is simply not true.
If you are in an abusive marriage and are not safe living at your home, you should leave your home as soon as possible. Know that the property in your home is still legally yours and that you have a right to keep those items in the house until the marriage has been ended.
The divorce proceedings are when a judge will help divide jointly owned assets, and only then will specific items be considered your own. Until then, they are still a joint asset.
For more information on how property is handled during a divorce, speak with a family lawyer in your area.Share