I need some advice/help. My husband moved out of our home and he took my computer with him. Now mind you. I have a laptop I just bought last year and I have a desktop that I had for a few years. The desktop was given to me as a gift. And he knows this. However, my husband took my property (the desktop) with him. If he went with it... can I get it back? Do I have to go through the court system to get my computer back? It seems like a waste of time & very trivial for me to go through court to get my own property back.

A friend of mines say if he won't give it back to me, I should report it stolen. I don't know if I should do that... I don't know if the cops would help.

I don't want to do anything to mess me up... I just want to get my computer back. But don't want to have to create a course case just to retrieve a computer.

When you filed for separation was there a property statement also ? If its in there and its your separate property then you have to ask him for it back first. If he refuses then you have the right to call the police and go get it. If he has destroyed it then that's malicious behavior and courts look down on that. First and foremost check with your lawyer to make sure what I have said is correct for the state you reside in.

I also have to say that this couple had two computers, one older one newer. They are now living separate lives. It's possible that, if this went to court, the decision would be to let him have the laptop, since that does appear to be community property. Especially if he had access to one of the computers while living in the house.

My point is... is there any particular reason that you want the desktop back (valuable files, etc.) or do you just not want him to have it? Would it just be sitting on a shelf somewhere if you had it, or would you actually be using it?

Well I guess that it was given to me as a gift and wanted it for my children to use when they come by me... but now.. that's not possible. He took my gift and there is nothing that I can do about it. Florida's law is 50/50. This sucks.

Doesn't Florida have a separate property right ? Who gave you it as a gift ? Your husband or someone outside your relationship ? Was there a property list involved ?

I am sorry, while you are married, you both have computers, not your computer or his computer, so in court you have to fight out who gets what. So at this point it is not stealing, it is just fighting over joint property.

Florida does not have such thing as separation that is ordered by the court... its just Divorce. I won the computer for my excellent job in a business. It was a prize from my accomplishments.