QUESTION

Can my ex-husband take me to court after saying he did not want anything from the contents of our matrimonial home?

Asked on Jun 07th, 2014 on Divorce - Washington
More details to this question:
I am divorced and selling the house which is now in my name. My ex-husband requested contents from the home via text messaging and I told him to make a list. All communications were made via text. He made a list identifying two items a picture and sofa, which I bought. I declined the list and told him he could have the leather sofas that he bought. He sent me back a text message saying “I could keep the lot he is not bothered” that was on a Monday. Friday he sent me a text message to say he has changed his mind and will be seeking legal entitlement now to contents in the house. I believe a contract was made and he cannot now change his mind, since I entered into a verbal contract with a friend to buy certain items as he did not want anything. Can he now change his mind and take me to court?
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1 ANSWER

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Is the divorce final? If a decree has not been entered, he can ask for a share in the contents of the house bought during the marriage. It doesn't matter who bought it, unless there was a prenuptial agreement that kept all income separate. Verbal agreements are irrelevant and do not form a contract, especially not when agreements are made verbally during a divorce process. So the crucial factor is whether the decree was entered prior to his request and whether the decree addressed the contents of the home.
Answered on Jun 11th, 2014 at 7:16 PM

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