If the furniture and things of this nature were used for the marriage then they were essentially given as a gift to the marriage, unless you signed a prenup. All you need to do is to tell the court that all your personal assets were sold off and the money from the sale of those items was used for the marriage. The furniture and other assets, even the vehicle were his prior to marriage but it was your understanding that they were no longer designated as “his” property once you were married. If you did not sign a prenup, then the property should be considered a gift to the marriage and be allowed to divide.
If your vehicle was sold after the separation, you are entitled to 1/2 the money for that vehicle since that is a marital asset.
Thanks, my lawyer seems to think it could go either way. That is why I am trying to come up with “good” wording since my “X” did say everything was ours and not his. I am hoping everthing has to be split 50/50. Don’t understand why my $ is marital property, but they can say his furniture and cars and possessions are not. Doesn’t make alot of sence to me.
I would think that if you get a judge that has any common sense then he/she would rule that since you sold all of your possessions, even if it was never spoken, it was presumed that his possessions were given to the marriage. If I understand correctly, he’s trying to convince the court that he kept all of his possessions and used them throughout the marriage, in the event that you separated? Then if that is the case, should you not also receive back the money that you got from the sale of yours?
Regardless, he owes you at least 1/2 the money for your car that he sold.
What about a car he had not sold. Has a high dollar sports car from pre marriage. Was used during marriage. Trying to get as much as I can or at least be able to for negotiation process
Can you identify any possessions that were purchased using the proceeds from the furniture that was sold? If you can those items are your separate property.
You can also argue in court that he intended his furniture to be a gift to the marriage. All you would need to do was present the facts to the court and allow them to make the determination.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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I am going to court to determine property before marriage. I brought in a good amount of money to the marriage. I had to sell ALL my personal items, furniture,etc. because he didn’t want it and wanted to keep his. I was given the impression by him that he was bringing the furniture,etc. into the marriage for “us”. I wanted to buy all new, but he refused and convinced me not to because it was all “like new” and that would be a waste. What wording do I need to use to let the court know he had brought this into the marriage as a “gift” to the marriage. Don’t understand how all my cash was marital asset and yet his car, furniture and possessions are not part of that marital gift. He has a car that is worth a good bit of money from pre marriage. I had a nice car that was bought after marriage that he up and sold to save $$ in divorce separation of property. What can I do to make this more fair as far as assets are concerned?