[twiscovitch]

I left my marital home because of abuse. We are in the process of a divorce. My husband will not allow me to have my personal possesions from the home until the divorce papers are signed. Is this legal?

[cdad]

Its possible. What category are you describing as personal possessions ?

Also what state are you in ?

[twiscovitch]

I am in New York state. We both had our own homes when we got married, and I moved into his home and rented mine out. All of my furniture and other personal and separate property was either brought with me, or stored at one of his warehouses. I do not want any marital property or anything that I did not go into the marriage with. No reminders of him or his abuse, please! We were only married one year. I just want my things returned to me, so I can move back into my old house. He refuses to return it until I sign an opting-out agreement. He is forcing me to sign first, and my attorney thinks that this is not a wise decision because there is a monetary award involved.

[cdad]

Your attorney should file with the courts to get your personal possessions back. At the time you pick them up the police should escort you. You should list the items in question for the courts. After the courts approve it then go and get your things.

You don't have to sign anything you don't want to or fully understand the ramifications of.