I left my husband and took only my personal belongings. I did not take anything else. I told my husband, I left him with everything by a text message. Since then, my husband has sold things in which some I wanted and some I did’t. What can I do to get my husband to replace the items or can I?
It was improper for him to sell marital property without your consent or without equitable distribution being finalized.
If equitable distribution is not yet finalized, then the value of the property that he sold will need to be counted as part of the total estate that he is keeping from the marriage. Once all the marital assets have been divided and the values that each of you are keeping are totaled, then he will owe you one-half of the difference in value assuming he is keeping more value from the marital estate than you are.
You can also replace the items and attempt to negotiate back the replacement cost due to him having improperly sold marital property before the finalization of the equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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