Rights after moving out

[gvl0183]

I separated my husband 6 months ago, he lives in our fully furnished home and I in an apartment. I was only allowed to take an old couch, a side table, and the pots and pans. Do I have the right to go to the house we both own, and pick up the living room set that I am currently paying for? It is under my name only on a rooms to go account which I pay monthly. He says that because he paid off the bedroom set i got before we married, I have to pay for the couches and he keeps them. I told him to keep the bedroom set since he is currently using it, but he doesnt like the style and he rather me go get it and he keep the couches.

[Attorney Dawn Jackson]

Because you are still married, you both have equal rights to the home and furnishings in it. Since you purchased the living room set during the marriage, it is considered marital property - no matter who is currently paying for it. If you decide to file for divorce and the two of you cannot work out who gets what, the spouse who keeps the property has to “buy out” the other spouse’s share. Meaning if he keeps the living room furniture, he’ll owe you half the fair market value.