SEPARATION

+ If I am moving out of the house, what can I take?

There are really no hard and fast rules, in general. If you know your marriage is over and you are moving out, it is best to take every single thing you believe you will want to have, even if you must store those things. Once a divorce begins, you may find your clothes are sitting on the lawn. You may find your baseball card collection and autographed baseball was given away to a nephew, and that three of your suits are missing, while two others have holes in them.

Many judges, overworked by the huge number of cases they must decide, take the position that they will not divide personal property, and that the parties must do this by themselves. If there is substantial conflict in the case and negative feelings, the spouse who is in possession of what you want may simply offer that you take a couple of worn rugs and some of the older items. You can’t rely upon a judge to get these back for you. Better to take a fair amount of the personal possessions at the outset and let the other spouse argue that they should come back.

Although anything can happen in a divorce case, it is seldom that a court will entertain a request that lamps or chairs be returned to the marital home. Don’t clean out the house—be fair. Also remember that if you take too much, you will likely hear a claim that this traumatized the children.

- Jerome L. Aaron, Attorney at Law, Massachusetts