If my ex-spouse leaves my marital homeplace, does she have the right to take the backyard chainlink fence with her???? Also the decorative bricks around the island in the front yard. The mortgage is in my name and so is the title.
3 Answers from Attorneys
The answer is in your divorce paperwork/final decree, and since you chose not to tell us what it said, all we can assume is she did what it allowed, as if it prohibited that surely you would have mentioned that.
I assume if she is your ex, your divorce agreement or order states you have possession and title to the residence. If so, then no unless she was awarded the fence and decorative bricks. You need to have your attorney review the paperwork.
Unless the divorce decree says she can, these things would be considered fixtures to the house and would go to whoever is awarded the house. However, if the divorce is not final, and there is no order giving either of you the house yet, then the house and everything with it is fair game to either of you. I would not go around tearing things out, as that can come to haunt you if the Judge has to rule, so that may be something you can use against her and ask to be returned if you end up having a hearing. Either way, this sounds like it is getting nasty, so discuss with your attorney (either the one you already have or the one you need to hire).
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