Section 429. Sequestration of respondent's property  


Latest version.
  • Where in a proceeding
      under this article it appears to the court that the  respondent  is  not
      within  the  state, or cannot be found therein, or is concealing himself
      or herself therein, so that process cannot be personally served upon the
      respondent, the court may at any time and from time  to  time  make  any
      order or orders without notice directing the sequestration of his or her
      property,  both  real  and  personal and whether tangible or intangible,
      within the state, and may appoint a receiver thereof, or  by  injunction
      or otherwise take the same into its possession and control. The property
      thus  sequestered and the income therefrom may be applied in whole or in
      part and from time to time, under the direction  of  the  court  and  as
      justice may require, to the payment of such sum or sums as the court may
      deem  it  proper  to  award,  by  order,  and during the pendency of the
      proceeding  or  at  the  termination  thereof,  for  the  education   or
      maintenance  of any of the children of a marriage, or for the support of
      a spouse, or for his or her expenses in bringing and  carrying  on  said
      proceeding;  and  if  the rents and profits of the real estate, together
      with the other property so sequestered, be insufficient to pay the  sums
      of  money  required, the court, upon such terms and conditions as it may
      prescribe, may direct the mortgage or sale of sufficient  of  said  real
      estate  to  pay  such sums. The court may appoint the petitioning spouse
      receiver or sequestrator in such cases. The  court  may  authorize  such
      spouse  to  use  and  occupy,  free of any liability for rent or use and
      occupation or otherwise, any house or other  suitable  property  of  the
      respondent  spouse  as a dwelling for himself or herself with or without
      the children of  the  marriage,  and  may  likewise  turn  over  to  the
      petitioning  spouse  for  the  use  of  such  spouse with or without the
      children of the marriage any  chattel  or  chattels  of  the  respondent
      spouse.  The  relief herein provided for is in addition to any and every
      other remedy to which a spouse may be entitled under the law.