Q: Selling marital assets during a separation with claiming ownership of everything at the marital residence.
We separated and I moved out and when I went back to get my belongings, things were missing like tools, car parts and I asked where my things were she said that all contents of the house (which is rented) was her's.Also the title on my car reads "or" so she switched it over and put it in her name soley. At the time of separation, she lost her job and we both signed a document stating that from that date forward all debt & assets remain the property of that owner. Do I have any recourse here? Does the term marital assets come into play? Can she sell the car and my belongings and keep all the proceeds? Do I have any course of action to stop the sale of my belongings?
A: The document provision that "all debt & assets remain the property of that owner" appears to be tautological. It begs the question of who "the owner" of each asset is. Yes, these appear to be marital assets. If you file for divorce (called "dissolution" in Florida) after the property is all sold, you would have a claim to the value of a portion of the property, but what exactly was sold will be difficult to prove. So you should file immediately and ask for an order to stop the sale of the belongings.
A: She cannot just sell your stuff, file a motion for contempt/enforcement. You should hire a lawyer to represent you in the case.
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