lock change/items wanted

[LdiJ]

If you both paid for it then it is MARITAL property and you cannot take it.

I am not sure that I agree in this instance. The hot tub was purchased as a medical necessity for the OP, and claimed on taxes as such. That's pretty clear evidence. I think that the spouse would be hard pressed to make a claim that it was marital property when it was claimed as a tax deduction as a medical expense necessary for the OP.

Otherwise, an electric wheelchair or other expensive, necessary medical devices could be claimed as marital property...and we all know how far that would fly in court.

 

[mistoffolees]

I am not sure that I agree in this instance. The hot tub was purchased as a medical necessity for the OP, and claimed on taxes as such. That's pretty clear evidence. I think that the spouse would be hard pressed to make a claim that it was marital property when it was claimed as a tax deduction as a medical expense necessary for the OP.

Well, she's gone several months without it, so I don't know how NECESSARY it is.

That also doesn't help with explaining her desire to take the snowmobile.

 

[LdiJ]

Well, she's gone several months without it, so I don't know how NECESSARY it is.

That's a valid point...but it was claimed on their joint tax return as a medical necessity...so he could also be viewed as denying her something medically needed.

That also doesn't help with explaining her desire to take the snowmobile.

The snowmobile might legitimately be her separate property...and if I remember the original post well enough, it might even be someone else's property.