Personal Property

Thanks for the responses.  Prior to being married, My brother-in-law and his spouse both had their own houses.  He has 3 children from a previous marriage that live with them.  (The biological mother is not allowed around them due to abuse charges.)  The "possesions" that he is looking to remove are his kids toys, clothing, and bedroom furniture as well as household items that came from his previous house.  He is just looking to take care of his kids.....not clean her out.  They now have a 1 year old child together that she threatens him with.....if he tries to leave or removes anything from the home....he will supposedly never see their son again.   I will definitely pass the info along to him.  He literally has to sneak away to make phone calls etc.  The other issue is that they live in WV and if he moves out...he will return to his home that he still has in PA.  So he isn't sure whether to file in WV or in PA.   It's a mess!!!

He can take his personal property - clothes etc. but the larger items bought together that are considered marital property, need to stay where they are until an agreement can be made legally as to it's equitable distribution. Not saying people don't clean out their homes while a spouse is away - but it isn't right.

 

what he needs to do is file for separation BEFORE moving - that way the split of assets is in process and there is a clear understanding of who is getting what. He should not move before legal proceedings are in place to protect himself.

 

I'm a family law attorney

This does not seem right. Technically his clothes are posessions....I would ask my attorney or for that matter call the police and ask. I am no lawyer but as far as I beleive this would be a civil matter with which the police do not get involved.