Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #159:
I left my husband almost a year ago. All of our furniture is in a storage
unit in his name. Would it be against the law to take the furniture out of
storage without asking him? We are still married, but living separately.
Answer:
If you have not filed any legal divorce papers, you are still considered married under the law and if you have access to the storage unit there should be no problem for you to remove the items. If your husband wishes to contest the items you selected he would have to do so by filing a claim.
The more serious problem is not your furniture, but the fact that you have done nothing about getting a legal separation and divorce. Until you do so, you are still considered married, are unable to remarry, and may be responsible for your husband's debts.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss mediating your divorce.

Leonard M. Weiner, Esq./Divorce Solutions
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