Items left behind

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

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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