Before I came to the U.S. to be with my then boyfriend and now soon-to-be divorced spouse, I sold all my stuff (furniture, cookware, etc.) in my homeland. That was 20 years ago. He, on the other hand, had all his furniture brought in from Canada to the U.S.. So, we set up home and used his stuff ( sofa, dining table, utensils, etc). Now that we are divorcing after 20 years, he claims that the furnitutre and other stuff he had previous to our marriage is his and is considered separate property. So, now I am left with nada. I think that what he is claiming may be wrong. I have googled this to no avail. Do you think that since he co-mingled his stuff for him, myself and our child to use, it would be considered community property? If anyone of you have had experience with this, please answer this question. Thanks!
2006-12-10 13:18:51 · 13 answers · asked by doggoneit 4 in Family & Relationships ➔ Marriage & Divorce
He took all his stuff. The money I got from the sale of my stuff got consolidated with our joint account 20 years ago. Yeah, I know that his sofa is old - its just that he is claiming all these small stuff in the Inventory of Possesions and I feel stupid having to niggle over pots and pans.
2006-12-10 13:31:51 · update #1
OK, first find out if you live in a No-fault divorce or community property state. This info you get from your lawyer - if you dont have one - GET ONE. HINT--- get a FEMALE lawyer. If community, dont haggle over who gets a frying pan and who gets the sofa, just have your lawyer draw up what possessions he has and what it will cost you to buy the same TODAY to furnish your separate apt. The judge of course will award you 1/2 to 3/4 (for depreciation) the total depending on how loud a noise your ex will make its announced in the courtroom like mine did (I got 3/4 because mine made a super big noise and his lawyer couldnt get him to stop - teehee). The child's things belong to the child, regardless who bought it. If he/she has a bedroom set, your ex better turn it over, as well as any toys, desk, strollers, baby accessories if he/she is still that young, computer bought for homework use, books, etc. Make sure the lawyer gets the judge to rule on this. If you two have one vehicle between each other and he took it, he has to sell it and give you 1/2 of the money unless you both come to some other agreement. If you have 2 vehicles and split them between the 2 of you evenly - then fine. If you have appliances, washer-dryer-dishwasher-refrig-etc. they have to be sold or decided who gets what. All this is from COMMUNITY PROPERTY states and I hope you live in one. If you live in the No-fault divorce state, again the child's things and furniture belong to the child, no matter who bought it. The rest of the stuff have to be divided between you, your soon to be ex and the 2 lawyers in several meetings together (I say several because you know one or two wont do it with the arguing thats going to happen). I been thru that one in another marriage, too. Good luck, dearie!
2006-12-10 19:46:32 · answer #1 · answered by miladybc 6 · 1⤊ 0⤋
More likely than not, no. The short answer to your question can be found in California Family Code section 770 (a) SEPARATE PROPERTY OF A MARRIED PERSON INCLUDES ALL OF THE FOLLOWING: (1) All property owned by the person before marriage. (2) ALL PROPERTY ACQUIRED BY THE PERSON AFTER MARRIAGE BY GIFT, bequest. (3) The rents, issues, and profits of the property described in this section. (b) A married person may, without the consent of the person's spouse, convey the person's separate property. Again, you can look to the family code for the short answer; however, if you have put any community property funds into the property your parents have gifted to you, there may be a community property interest in the property. I strongly urge you to seek a consultation, which will probably not be free in California, with a family law attorney to discuss this issue at greater length. Good luck!
2016-05-23 03:42:42 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Depending on state it may automatically be considered community property. However, after 20 years of marriage what was obtained during a marriage is split as appropriate/negotiated. You will NOT be without anything to your name. Talk to a lawyer in your area.
2006-12-10 13:32:22 · answer #3 · answered by Poppet 7 · 1⤊ 0⤋
As long as you didn't sign a pre-nuptial agreement it is still community property. All he has is words, and those are just lies. He may sound like he is in the drivers seat, but, he's just a passenger like the rest of us. As for experience, my "X" tried the same routine on me. It's amazing how court takes the steam out of blowhards. After the court said all property was to be split up, I told her to keep it. I just wanted her to know who was really in the drivers seat. The stuff, was just that, stuff. I had it all replaced in less that 10 months, with no memories of a horrible past. I would suggest the same.
2006-12-10 13:29:18 · answer #4 · answered by delux_version 7 · 2⤊ 0⤋
I guess my question would be... what did you do with all the loot you got for your sold stuff back in your country? Did you put it in your own bank account or did you put it in a joint bank account? If you put it in your own account that is probably best, since you had/have the use of that money. Meanwhile his 20 year old furniture probably is worthless now. Why would you even want it? Buy new stuff and start fresh.
2006-12-10 13:27:00 · answer #5 · answered by lily 6 · 1⤊ 1⤋
You really need to speak to a divorce lawyer in your area. as far as I know, whatever what brought into the marriage stays with the person who brought it in but what was bought together is considered joint property. Good luck.
2006-12-10 13:25:54 · answer #6 · answered by cheoli 4 · 2⤊ 0⤋
Different states have different ideas on this subject. Check with a lawyer that deals with devorce
Here in Texas what was his before stays his if bought for him , it is his. If bought for the general use of all it may be devided.
2006-12-10 13:26:18 · answer #7 · answered by Robert F 7 · 1⤊ 0⤋
if the furniture is 20 yrs old i would let him have it cause its probably junk anyways but but you should be able to get half of what you all accumulated in the last 20 yrs
2006-12-10 13:33:15 · answer #8 · answered by featherman_65018 2 · 2⤊ 0⤋
get yourself a good divorce attorney, u certinly should be entitled to alimoney, plus child support, and half of the house equity. it should be all community property. get a good attorney and he will see that it isn't all his.
2006-12-10 13:48:45 · answer #9 · answered by jude 7 · 0⤊ 0⤋
most courts would consider it comunity property but then again i have never seen a couple argue about a sofa or a frying pan yet
2006-12-10 13:21:49 · answer #10 · answered by zether 6 · 2⤊ 2⤋