My Soon to be Ex Husband Sold My and My Children’s Belongings Without Our Consent, What are My Legal Options?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“Soon to be ex-husband sold items belonging to my children, knowing that we wanted them. His attorney requested list of items we wanted just last week. What are my legal options? Also house up for short sale and I found out in-laws living there free and altered interior for their needs I.e. Doors put up etc.”

Depending on what state you file for divorce in, the property your ex-husband sold may be considered part of the marital estate. As such, your ex-husband would be required to compensate you for your share of the money generated from the sale of the property. If you want to stop him from selling property, you will need to speak with your attorney about the possibility of filing an injunction against him to prevent future sales.

As far as your in-laws living in the marital home: you need to look at the conditions of the pre-divorce decree. Often, before the divorce is finalized, a judge will award temporary use of the marital home to one of the parties (usually the mother and children). However, divorce law is very fact specific and varies significantly depending on the state laws your filing for a divorce under. As such, you should consult with a qualified family law attorney in your area who will be better able to advise you about your rights.