Q: Can I store divorce assets from a jointly-owned trailer I need to use?

A: If you have an ongoing divorce case, the proper thing to do is try to work out who gets to use these assets with your spouse. If you cannot reach an agreement, you should ask the court for an order allowing you to store or use the assets as appropriate.

Without any court order, there is no legal prohibition against storing assets owned by the community. If these assets are somehow needed by your spouse, then the court may not later look favorably upon a decision to keep your spouse from using them. For instance, I certainly wouldn't 'store' the car that your spouse uses to drive to work every day.

Of course, if you store a community asset, without any court orders, there is also no legal prohibition against your spouse going and getting it.

It is a different question whether you can legally hide community owned assets and not disclose them to the Court. The answer to that question is definitely no.

A: Since you are still legally married and the divorce process has not formally started, both you and your spouse still have equal ownership rights to jointly-owned property. That means you are allowed to use the trailer, but you must also respect your spouse’s equal right to the assets on it. Removing or selling items without agreement could later be raised in court as mishandling marital property.

If you urgently need to use the trailer, the safest step is to carefully remove and securely store the items rather than disposing of them. Make sure to document everything—take photos of the items, note where you stored them, and keep them safe so they can be returned or divided during the divorce process. This shows good faith and protects you if your spouse later claims the items were lost or damaged.

You may also want to notify your spouse in writing that you moved the items for the limited purpose of using the trailer, and that they remain available to them. By being transparent and preserving the assets, you reduce the risk of being accused of hiding or destroying marital property. This approach allows you to use what you need now while keeping the divorce process fair and balanced when it moves forward.