Wife filed for divorce, left with almost everything

[mrbriant]

What is the name of your state? Louisiana

Is it legal for her to leave (yes when I was hospitalized) and pretty much clean out the house? She claims since she has been paying the bills the last few months she can take it.
Thanks!

 

[Shay-Pari'e]

Yes, she can leave, but I'm confused as to the rest of your comment.

Details would be nice.

 

[mrbriant]

Clarification

what I meant was for example she took the 60" TV, Fridge, and Washer & Dryer (worth over $10,000) among plenty of other items. I had no say so in what she took.

 

[nextwife]

Anything purchased during the marriage is a marital asset. Document what she took, and ask in figuring the property settlement that they be counted against her share. Who was working, when, is irrelevant.

 

[LdiJ]

Anything purchased during the marriage is a marital asset. Document what she took, and ask in figuring the property settlement that they be counted against her share. Who was working, when, is irrelevant.

I agree, but don't try to document them at retail value, because that's improper. You would value them at resale value if they are paid off. Also, what she did wasn't illegal...it just needs to be accounted for in the property settlement.

If the items in question weren't paid off, then its only the equity value that counts, because whoever gets possession has to pay them off.

In other words, if your 60 inch TV cost 5k, and there is still 4k outstanding, then all she got was resale value minus 4k.

 

[mrbriant]

wanted the tv

what if I wanted some of the stuff she took?

 

[Silverplum]

what if I wanted some of the stuff she took?

Divorce is a bitch, dude. That happens. Sorry.

 

[LdiJ]

what if I wanted some of the stuff she took?

You might be able to get a judge to order that something be turned over to you, but realistically its the value of the item that matters in a divorce....also, anything that you got that was not paid off, would then become your responsibility to pay off.

There can be exceptions to that...but those generally apply to very personal items or family heirloom type things.

Cars are different...generally a court is going to make sure that each of you end up with one of the family cars.

 

[Ohiogal]

what if I wanted some of the stuff she took?

Then quite frankly you ask for it in the settlement. You may or may not get it depending on what else you get.