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Am I under any legal or moral obligation to refrain from removing my husbands artwork?

I got a restraining order against him which was made permanent by the courts, so he will not be coming back to this house to live, ever. I also filed for divorce. I understand that I am legally restrained from transferring or encumbering his property by removing it from the house until we have further court orders regarding property separation. However, he is an artist, and the walls of the house are covered with his artwork, which I do not particularly like. The peices are big and fragile, and he has made it clear that he does not want me to move them. I do not want to break them or mar them in any way; I respect that his artwork is meaningful to him. But I don't like it, and I want to redecorate my house. I have had to live with his "decorations" for 18 years, and I am ready to move on. I just want to put it in the garage, where the rest of his property is (carefully boxed and respectfully labeled). I am not vindictive; I just want to move on. Should I move it or leave it there until property is divided? (He can't come get it because of the restraining order.)

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Good Idea: Pack all of his belongings, label & catalogue his belongings, and set aside in storage. Photo's are great insurance incase he decides to get vindictive. Have a witness with you for this process.

    Better Idea: It may be a good idea to hire 'movers' that can do this for you especially incase one of the pieces breaks - then you are insured.

    It also removes you from taking any blame in case something does happen. They will label/catalogue all of his things.

    Highly improbable that you are under any legal obligation, unless you have a signed clause in any contract between you and your husband.

  • Anonymous
    1 decade ago

    If he can't come and get it and you break it you will be held responsible. Art work can be considered expensive even if you don't like it. The costs will be taken out of your half of the communal property. You indicated that the art work was fragile. I suggest you leave it alone. I suggest you go to court to make arrangements for him to come and gather his things. There are ways for him to do it and in no way harm you. If you are truly not vindictive and truly want to go on with your life then you will go through the proper channels so that he can retrieve what is important to him.

  • 1 decade ago

    You might just have to leave it there until all court issues are resolved. If you move it he can claim anything he wants putting you in a bad place. If I were you I would photograph every last one of them now and keep that file for yourself and give a copy to your lawyer. Cover your behind.

    or

    You can ask him if he wants to send a professional mover to your home to move them. Get that ok from him in writing signed/witnessed by his lawyer. He picks the moving company and pays for it.

  • 1 decade ago

    If you have a permanent restraining order on him he must have f**ked up pretty bad.

    Take his art work down and put it in a safe, neutral place. Have your attorney notify him where to find his art. You are under no obligation to listen to him about moving his stuff. He's lucky he's getting it back.

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  • 1 decade ago

    I don't think there is a problem with you packing up his artwork and storing it somewhere safe and dry. He won't be coming back there to live, so it shouldn't matter where the artwork is, as long as you respect his property.

    take care, and i hope everything works out well for you.

  • 1 decade ago

    Your divorce lawyer can deal with this one exactly and without consequences to you.

  • Anonymous
    1 decade ago

    do what is moral for now!!

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