If you leave the marital residence but cannot take all of your belongings with you, your ex is not allowed to destroy, damage, or remove the property without first getting your consent or court approval. The argument may arise that you took too long to gather your things, but this will likely not hold up in a court of law. If being around your belongings is bothering your ex, he or she can file a complaint with the court to get those things removed in one way or another.
By no means should you do anything to destroy or damage any property belonging to your ex OR property that was shared while you were married. Keep in mind that all property shared during the marriage, even if you bought it with your own money for just yourself, is considered marital property, and therefore could be subject to equitable distribution. If any of this property is destroyed, you could be held liable for it, and have to pay much more than what the property was actually worth.
During a divorce, it’s important to be cautious in all areas of your life because there are new rules that apply.
Unless things are unbearable at the marital residence, you should speak with your lawyer before moving out. Leaving the marital home means you’re ultimately leaving your ex with everything. Even if you don’t intend on surrendering all your belongings to your spouse, by moving out you’re sending the message that you are leaving the house and all its contents behind you.
Leaving could hurt your chances of keeping the marital home or gaining equitable distribution of the value of the home. If you have children, leaving the marital home could also have a negative impact on child custody and visitation.
Try to have patience and hold off until you have spoken with your lawyer. Make sure you obtain all the legal information needed before leaving the marital residence.