Property settlement question


#1

Dear waves1000:

Greetings. What an interesting question - one I have not heard in about 5 years as a matter of fact. I will have to do some research, but as a negotiating position, I would say that she had an obligation to safeguard the items and therefore should be counted against her. Also, did she receive any insurance proceeds?

Finally, did she report the robbery to the police?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for your response. In answer to your questions - 1) no she had not taken out an insurance policy when she moved to her new place, and 2) she claims she reported it but got very defensive when I asked her to bring the police report to the mediation Isn’t it a felony to file a false police report?

As an update, our divorce is now final, but we are mediating this week in hopes of coming to an agreement on the custody/visitation/support/equitable distribution issues.

Any further insight would be appreciated.


#3

Dear waves1000:

Greetings. I don’t think that you have evidence that she made a false report. I would argue in negotiations that she is responsible for the value of the items, regardless of whether or not they were stolen. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

HI - I have a related question. My husband and I are going through valuating the marital assets for distribution now. If I decide to sell the jewelry I purchased for myself after our separation, do I just take the bill of sale and give him half of what I sold it for? I don’t want to be dishonest but I may need the money.


#5

Dear Marlee:

Greetings. Maybe I misunderstand - when did you purchase the jewelry? Before or after the marriage?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

sorry, I was unclear… I bought the jewelry during my marriage period. want to sell it after separation. thanks. :slight_smile:


#7

Dear Marlee:

Greetings. First, I would advise you against selling it. If you have to sell it, you want to ensure that you get the most you can for the same. No, I would not provide him with half the funds from the sale, but I would provide him with proof of how much you received, as you will be responsible for the same in the final equitable distribution. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#8

Hi - my wife and I are preparing to mediate this coming week and I have one question. After we were separated several months, she was “robbed” and most of her jewelry was stolen along with a TV and some other minor items (DVD’s, etc.). We did not have a separation agreement in place at this time, but the items were clearly in her possession at a new location. I had moved out and we had sold our previous residence. My question is this - would these items that were “stolen” count toward her half of the property settlement? Or do we now remove these items from all consideration?

As far as the items, I have to assume they were stolen, but the timing of the incident and the fact that it happened in broad daylight with her nextdoor neighbor (she lives in a duplex) not hearing or seeing anything, makes me suspicious. For all I know she could have taken them to her mom’s or her sister’s. Plus, when she informed me of the “burglary” the FIRST thing she said was “you can’t count this against me in the property settlement” and she had made a big deal about the fact that I had counted it when we orginally discussed splitting the marital assets.

I would appreciate any guidance.