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Isis1

Senior Member
this applies to a california reader

Dear Seniors.

this post is not for my benefit, this post is for the benefit of a particular reader of these forums. this is a subject that is often not discussed or pointed out.

a particular spouse believes it is within his/her right to withhold marital property from the other spouse. in particular, the televisions, the entertainment center, the computer, DVD's, etc. while both still living in the home pending a divorce.

i've had an ex do this nonsense to me. i heard it directly from a police officer that if the parties are marital, neither party has the right to withhold marital assets from the other. a judge will decide in a divorce what belongs to who, and it will not be dependant on who paid directly for the item. everything down to debt, will be split down the middle if both parties cannot agree.

and to do otherwise, is considered financial abuse.

is this correct?
 


Zigner

Senior Member, Non-Attorney
this applies to a california reader

Dear Seniors.

this post is not for my benefit, this post is for the benefit of a particular reader of these forums. this is a subject that is often not discussed or pointed out.

a particular spouse believes it is within his/her right to withhold marital property from the other spouse. in particular, the televisions, the entertainment center, the computer, DVD's, etc. while both still living in the home pending a divorce.

i've had an ex do this nonsense to me. i heard it directly from a police officer that if the parties are marital, neither party has the right to withhold marital assets from the other. a judge will decide in a divorce what belongs to who, and it will not be dependant on who paid directly for the item. everything down to debt, will be split down the middle if both parties cannot agree.

and to do otherwise, is considered financial abuse.

is this correct?
Actually, it would be better stated the each party has equal rights to the marital assets. It's a slight difference, but an important one...

And, everything won't necessarily be split "down the middle". Let's say the spouses have $10,000.00 in the bank and a car worth $10,000.00. To split each down the middle would mean that the car is sold and then each spouse gets half ($5,000) + each spouse gets 1/2 of the bank account ($5,000). It makes much more sense to award the cash to one party and the vehicle to the other.
 

CJane

Senior Member
Actually, it would be better stated the each party has equal rights to the marital assets. It's a slight difference, but an important one...

And, everything won't necessarily be split "down the middle". Let's say the spouses have $10,000.00 in the bank and a car worth $10,000.00. To split each down the middle would mean that the car is sold and then each spouse gets half ($5,000) + each spouse gets 1/2 of the bank account ($5,000). It makes much more sense to award the cash to one party and the vehicle to the other.
It's not accurate to say it's 50/50 in any case. Equitable and Equal are not the same thing.

That said, if we're talking about one spouse being a jerk and moving the TV into the room he/she is sleeping in or whatever... it's petty and childish, but it's not illegal.
 

LdiJ

Senior Member
this applies to a california reader

Dear Seniors.

this post is not for my benefit, this post is for the benefit of a particular reader of these forums. this is a subject that is often not discussed or pointed out.

a particular spouse believes it is within his/her right to withhold marital property from the other spouse. in particular, the televisions, the entertainment center, the computer, DVD's, etc. while both still living in the home pending a divorce.

i've had an ex do this nonsense to me. i heard it directly from a police officer that if the parties are marital, neither party has the right to withhold marital assets from the other. a judge will decide in a divorce what belongs to who, and it will not be dependant on who paid directly for the item. everything down to debt, will be split down the middle if both parties cannot agree.

and to do otherwise, is considered financial abuse.

is this correct?
I agree more with Zignor on this. The bold portion of the cop's comment is not logical. There is also no such thing legally, as financial abuse.

What are people going to do? Hire a moving van once a week so that they can have equal custody of the marital property until a judge decides who gets what?

I do agree that it doesn't matter who paid for the marital property (unless it wasn't marital property because it was paid for with non-marital funds or was a gift to one specific party)

Yes, marital assets and debts will be split. Usually down the middle, but as CJane stated in equitable division states there can be some deviation from that. A classic deviation would be the spouse who incurred student loans being 100% responsible for those student loans.
 

Ohiogal

Queen Bee
I agree more with Zignor on this. The bold portion of the cop's comment is not logical. There is also no such thing legally, as financial abuse.
What are people going to do? Hire a moving van once a week so that they can have equal custody of the marital property until a judge decides who gets what?

I do agree that it doesn't matter who paid for the marital property (unless it wasn't marital property because it was paid for with non-marital funds or was a gift to one specific party)

Yes, marital assets and debts will be split. Usually down the middle, but as CJane stated in equitable division states there can be some deviation from that. A classic deviation would be the spouse who incurred student loans being 100% responsible for those student loans.
The bolded is incorrect. There is such a thing and legally it has been recognized. NOT in MANY cases but it has been recognized.
 

LdiJ

Senior Member
The bolded is incorrect. There is such a thing and legally it has been recognized. NOT in MANY cases but it has been recognized.
Are there actual state statutes addressing/defining "financial abuse" or is it something that a judge might recognize is happening and make rulings accordingly?

You know...along the lines of PAS is completely discredited but judges do recognize alienation?
 

mistoffolees

Senior Member
Are there actual state statutes addressing/defining "financial abuse" or is it something that a judge might recognize is happening and make rulings accordingly?
Whether or not the exact words 'financial abuse' are listed in statutes, the principle is well established. Google 'financial abuse divorce' and you'll get tens of thousands of hits. Or try this one:

Financial Abuse in Marriage
 

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