Protect Your Property During a Divorce
Secure Your More Valuable Personal Property - If you have a stamp or coin collection, firearms, or similar valuable personal items, find a safe place away from the home to store them for a while. Personal mementos and other irreplaceable items should also be stored somewhere safe. This applies only to your personal property, NOT common possessions or community property. If at all possible, meet with your spouse and discuss this with them.
Inventory And Safeguard Any Stored Property - If you have safety deposit boxes or storage units, remove whatever personal property is yours. Again, store it away from the home in a secure location. If, for example, your spouse removes items and disposes of them, it may be very hard later to prove who the items belonged to, or if they even existed at all. Video taping all stored property is also a good idea.
Make A Record Of All Marital Property - The best way to do this is with a camcorder. (If possible, do this together with your spouse. If that isn't possible, make a copy of the tape for him or her.) Inventory the entire home and it's contents. Pull items out where they can be seen, and open up drawers so the contents are visible when you tape. Make sure the "date" function is turned on so the date is visible when the tape is viewed. Take the videotape and store it away from the home. If objects "disappear" from the family home, you'll have a solid record of what is missing.
Move Your Personal Papers And Records - Safeguard your important papers at a location away from your home. These papers should include (but not be limited to): your birth certificate, diplomas, pension papers, and all other personal documents. These papers must be stored someplace where your spouse will have no access to them, such as a trusted friend or co-worker's home. For jointly owned records (bank statements, real estate records, titles, deeds, her tax returns and W2 statements, etc.), make two copies of everything, and give one copy your spouse. Store your copy in a safe location.
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The solicitors at Damian Nolan & Co.,
Solicitors (incorporating William A.
James & Co.)
have more than 40 years of combined experience
in the following areas of law:
Residential conveyancing, commercial conveyancing, family law, divorce, separations, child custody matters, personal injury*, business law, wills and probate, civil litigation*, employment law, defamation, civil litigation*
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