My wife left me for another man and has only come back to our house to get some clothes and other random items, mostly things you could take to a pawn shop. I have been told that she has abandoned the house and all properties within it are now mine. With the economy the way it is I need money and would like to sell some furniture to get by. Some of the furniture was given to the both of us and some of it she had before we got together. Can I legally sell what I need to or just the things that were attained while together or nothing at all?

Welcome to AMHD. Some will say that possession is nine-tenths of the law. Do you have children? Has she retained a lawyer? Why don't you get a lawyer and work on a settlement of these issues? Do you own your home?

I would suggest that you file for divorce first. Make this all legal.

I agree with what has been written to the degree that you should keep it legal. It would be tempting not to, since she didn't consult you when she removed items from the home, correct? The temptation to sell what you need to before you file would be there if it werer me. Remember, once you file you have to split or account for what is left, right? My advice to you would be to attempt to write to her and let her know what your intentions are by certified mail. If she doesn't respond within a particular time. Let the sale begin. You are married, therefore your possessions are shared. Don't do anything to be evil, but if you need to pay the bills since she has dipped out. Well, all is understood. Consult with an attorney and get on with your life. Best of luck to you

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Originally Posted by MsMewiththat

I agree with what has been written to the degree that you should keep it legal. It would be tempting not to, since she didn't consult you when she removed items from the home, correct? The temptation to sell what you need to before you file would be there if it werer me. Remember, once you file you have to split or account for what is left, right? My advice to you would be to attempt to write to her and let her know what your intentions are by certified mail. If she doesn't respond within a particular time period. Let the sale begin. You are married, therefore your possessions are shared. Don't do anything to be evil, but if you need to pay the bills since she has dipped out. Well, all is understood. Consult with an attorney and get on with your life. Best of luck to you

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Sorry but this is bad legal advice - the fact that they are married does NOT mean all possessions are joint and the OP cannot make his own decision what is his, what is hers, what is joint and how to dispose of property.

This person has to get legal advice and begin divorce proceedings - I don't even see a legal abandonment here.

I don't understand how you can advocate that this person not do anything "evil" but that he also step outside the law and sell the property. If the wife DID come in and take "stuff," that does not give the OP the authority to act in kind.

OP has to understand his legal rights before he does anything -

You could end up with more grief if you just sold furniture without some sort of property division having been determined. You may not be too happy now that she has left and resides with another person, but you being married to her makes this a different story here. Just because she took things to "pawn" as you put it, she will have to account for those things when there is a property division. Please consult an attorney on this matter before you sell, pawn, or otherwise dispose of this property.