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wasteful dissipation?

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What is the name of your state? New York

If in the midst of a divorce, one spouse is awarded exclusive use of the marital property, would the courts consider it wasteful if said spouse were to continually put the other spouses belongings outside in the inclement weather thereby rendering them useless? i.e. solid wood doors, a couch, etc.
 


nextwife

Senior Member
What is the name of your state? New York

If in the midst of a divorce, one spouse is awarded exclusive use of the marital property, would the courts consider it wasteful if said spouse were to continually put the other spouses belongings outside in the inclement weather thereby rendering them useless? i.e. solid wood doors, a couch, etc.
Continually? How many times did this stuff go in and out?

The SPOUSE keeps DOORS IN THEIR BELONGINGS?

Why doesn't the other spouse FETCH their stuff? Did they attempt to arrange A PICK UP DATE?
 
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LdiJ

Senior Member
What is the name of your state? New York

If in the midst of a divorce, one spouse is awarded exclusive use of the marital property, would the courts consider it wasteful if said spouse were to continually put the other spouses belongings outside in the inclement weather thereby rendering them useless? i.e. solid wood doors, a couch, etc.
Yes, that is definitely something that a judge would have a problem with....assuming that the spouse wasn't notified to collect their belongs by a certain date and didn't.

Once the other spouse is awarded use of the residence, the spouse who wasn't IS obligated to retrieve their belongings within a reasonable amount of time.
 
Continually? How many times did this stuff go in and out??
Continually being different stuff all the time, one month it is a couch, one month it is a solid oak door, one month it is whatever it is.

The SPOUSE keeps DOORS IN THEIR BELONGINGS??
things have value to different people, and for someone that does home improvements and remodelling a solid oak door is of value, so simply put yes the SPOUSE keeps DOORS in their belongings

Why doesn't the other spouse FETCH their stuff? Did they attempt to arrange A PICK UP DATE?
Because when they attempt to "FETCH" their stuff they are told that they cannot get it and to get off the property or else the police will be called. No pick up dates are allowed as spouse that is in the house believes that everything that is there belongs to them.!!!!

So, back to the original question, would it be considered wasteful dissipation?????
 

Bali Hai

Senior Member
Continually being different stuff all the time, one month it is a couch, one month it is a solid oak door, one month it is whatever it is.



things have value to different people, and for someone that does home improvements and remodelling a solid oak door is of value, so simply put yes the SPOUSE keeps DOORS in their belongings



Because when they attempt to "FETCH" their stuff they are told that they cannot get it and to get off the property or else the police will be called. No pick up dates are allowed as spouse that is in the house believes that everything that is there belongs to them.!!!!

So, back to the original question, would it be considered wasteful dissipation?????
I would certainly pursue that avenue and let the judge know what is going on.

My ex would report to the judge anytime the grass was over three inches high around the home we were trying to sell.
 
Once the other spouse is awarded use of the residence, the spouse who wasn't IS obligated to retrieve their belongings within a reasonable amount of time.
A spouse can be obligated to retrieve their belongings all they want, but if the spouse that occupys refuses to give any of it back, it is a whole different story. the police were even called and simply put they said that whatever items the spouse that occupys the house say are to stay, must stay.

Lawyers continually say that "stuff" comes last. so we will get to it eventually.

In the meantime however, it all gets put out in the weather.
 

tuffbrk

Senior Member
In NJ, puposely destroying someone's property is a passive form of abuse...as is abusing the family animal, etc. I haven't had much luck with it but hey - might not hurt to let your STBX know that it is viewed in that fashion...
 

nextwife

Senior Member
?, puposely destroying someone's property is a passive form of abuse...as is abusing the family animal, etc. I haven't had much luck with it but hey - might not hurt to let your STBX know that it is viewed in that fashion...

Oh. In NJ, letting your spouse's upholstery get wet is equal to setting fire to a cat? Please cite the statute.
 

nextwife

Senior Member
, puposely destroying someone's property is a passive form of abuse...as is abusing the family animal, etc. I haven't had much luck with it but hey - might not hurt to let your STBX know that it is viewed in that fashion...

Oh? In NJ, letting your spouse's upholstery get wet is equal to setting fire to a cat? Please cite the statute.
 
In NJ, puposely destroying someone's property is a passive form of abuse...as is abusing the family animal, etc. I haven't had much luck with it but hey - might not hurt to let your STBX know that it is viewed in that fashion...
Ironically, she had my cat euthanized too. the cat never liked her so she killed it. she asked me one time months prior to that if i wanted the cat and i said i do, i just cant take her right now, so a couple months go by and i found out that she had it killed.
 

LdiJ

Senior Member
Ironically, she had my cat euthanized too. the cat never liked her so she killed it. she asked me one time months prior to that if i wanted the cat and i said i do, i just cant take her right now, so a couple months go by and i found out that she had it killed.
You should have removed the cat from the home immediately, even if that meant you had to leave it with friends or family.
 
You should have removed the cat from the home immediately, even if that meant you had to leave it with friends or family.
shoulda, coulda, woulda, but i didnt, as i wasnt able to at the time. She should have not been such a bitch to kill the cat. she didnt kill the other cats
 

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