QUESTION
What happens to my wife's personal property in a divorce?
Asked on Jun 04th, 2015 on Divorce - Florida
More details to this question:
My wife moved out and has been living with someone else for about 4 months. We were married for 12 years. Fortunately we have no children together. When she moved out she took a car that was in both our names, but that is about it. She left essentially all of her personal possessions and many of the more expensive items that we had purchased together, even though I had the better job. Since she abandoned me and her property, does that mean that she has no legal right to that personal property?
8 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In Florida, any property acquired during the marriage is marital property that needs to be divided. You should file for divorce and in the process, all assets, debts and property will be properly divided. If you destroy or remove anything, you could have to reimburse her for the value. You should consult with an attorney. I would be more than happy to speak with you regarding your potential case. All of my initial, potential new client consultations are conducted over the telephone and are free. During the consultation, we can speak about the particulars of your case, discuss your potential rights and options, and I can determine what the appropriate Retainer for your matter should be. Typically, they range anywhere from $1,500.00 to $3,000.00 depending on the type of case and the issues involved. Then, should you wish to proceed, we would coordinate the exchanging and signing of any necessary paperwork in order for me to undertake your case.
Answered on Jun 05th, 2015 at 1:37 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I would not throw them away or sell them just yet. File for divorce and see what the judgment ultimately says.. try to get into the judgment a clause that she must claim her stuff withing a reasonable time or its deemed abandoned.
Answered on Jun 05th, 2015 at 10:52 AM
No. It is still her property. You should contact her and ask her what she wants dine with it. There is no such thing as abandonment in California as it is a no fault divorce state
Answered on Jun 05th, 2015 at 12:49 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Here abandoning you is legally irrelevant. Her suspected abandonment of her personal property needs to be clarified. Get her views on that in writing (e.g., E-mail).
Answered on Jun 04th, 2015 at 7:02 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Sorry. If there is a divorce her right to her personal property is very likely to be upheld. If some of the property is marital or community property, it's far better for the two of you to work out the division of property than to let the judge decide. S/he doesn't know you, your history, or your tastes, and judges hate to divide personal property., Get a skilled matrimonial lawyer.
Answered on Jun 04th, 2015 at 5:25 PM
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Nebraska is a community property state, so everything is both of yours until you are divorced and the court awards it to one or the other. You could also be looking at liability for her car as that is a "necessity of life." You really should visit with a lawyer about filing for divorce and your rights and responsibilities.
Answered on Jun 04th, 2015 at 5:00 PM
Bruce Provda
When the divorce is in settlement the assets will be divided up pretty much 50/50. Obviously you two can agree on certain things. You should not get rid of any assets at this juncture. Discuss this with your attorney.
Answered on Jun 04th, 2015 at 2:36 PM
All property during a marriage should be considered ?marital property? and subject to division 50 x 50. It sounds as if Mediation may be of benefit to you.
Answered on Jun 04th, 2015 at 1:47 PM