FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
I have been separated since Nov. 97. I have the car that we purchased during the marriage. I have paid exactly 1/2 of the payments each month. The remaining furniture left in the house is community property. All of it was purchased during the marriage. However, my husband is not going to allow me to take anything else out of the house. What are my legal rights to this property?Answer:
You state that you have been separated since November, 1997, but fail to state whether this is pursuant to a written Separation Agreement or not. As you probably know, generally, all property acquired during the course of the marriage is marital property (other than property acquired by inheritance, gift etc.) and in a Community Property or Equitable Distribution State the property will be divided equally. Therefore, if you are an a state which has one of two property division statutes, you are entitled to an equal share of all the marital property regardless of in whose name the property is held.Back to content
In order to get possession of the property, I suggest you contact an attorney-mediator in your area who is experienced in divorce matters and can provide you with specific legal counsel.
Leonard M. Weiner, Esq./Divorce Solutions