marital purchases

[lori_cd]

What is the name of your state (only U.S. law)?
OHIO..Appliances were purchased after newly married.I was working full time as well as my spouse.Now we are divorcing,am I just as entitled to these items as he is?He is keeping the house(#2) and i would like to take the appliances without a battle..do i have that right? he says no,he paid for them.

 

[LdiJ]

What is the name of your state (only U.S. law)?
OHIO..Appliances were purchased after newly married.I was working full time as well as my spouse.Now we are divorcing,am I just as entitled to these items as he is?He is keeping the house(#2) and i would like to take the appliances without a battle..do i have that right? he says no,he paid for them.

Appliances are part of the house, therefore the person keeping the house would also generally be the person to keep the appliances.

However, if the home is a rental, then perhaps the appliances would be split...or the value of them split in the overall property settlement.

 

[AlmostThere]

What is the name of your state (only U.S. law)?
OHIO..Appliances were purchased after newly married.I was working full time as well as my spouse.Now we are divorcing,am I just as entitled to these items as he is?He is keeping the house(#2) and i would like to take the appliances without a battle..do i have that right? he says no,he paid for them.

What appliances are you talking about? Having bought/sold 5 homes I have found that large kitchen appliances, such as refrigerators, dishwashers, stoves, cooks tops go with the house. And when your spouse is keeping the house, you are basically selling him your interest in the the house in exchange for another asset or less debt.

Laundry appliances, tend to be up for negotiation and non-wall mounted microwaves tend to be up for negotiation.

Where would you be moving that would not come with kitchen appliances?

 

[lori_cd]

Appliances are part of the house, therefore the person keeping the house would also generally be the person to keep the appliances.

However, if the home is a rental, then perhaps the appliances would be split...or the value of them split in the overall property settlement.

i agree to that--however he wants to take them for his other house(which already has appliances--just older)that will leave this house with none--as it was when we purchased it. my point he gets the house and all the furniture(his prior) so i feel i was working when those appliances were purchased and they belong to me as well,esp if he plans to remove them from here.

 

[mistoffolees]

i agree to that--however he wants to take them for his other house(which already has appliances--just older)that will leave this house with none--as it was when we purchased it. my point he gets the house and all the furniture(his prior) so i feel i was working when those appliances were purchased and they belong to me as well,esp if he plans to remove them from here.

Once again, what appliances are you talking about?

AlmostThere's summary is pretty accurate.

 

[Ohiogal]

Do either of you have an attorney? Are these appliances worth 5-10k? Because that could be how much it can cost to fight over them.

 

[lori_cd]

once again, what appliances are you talking about?

Almostthere's summary is pretty accurate.

i am talking about stove ,refrigerator,w&d..approx value $2000..i was understanding anything purchased in a marriage is considered shared property..

 

[mistoffolees]

i am talking about stove ,refrigerator,w&d..approx value $2000..i was understanding anything purchased in a marriage is considered shared property..

Stove and refrigerator go with the home. Whoever keeps the home gets those appliances. If they add to the value of the home (which is possible, albeit they probably won't add more than a fraction of their purchase price), then the party who doesn't keep the home is entitled to 1/2 of the increase in home value.

Washer and Drier are open for negotiation. Whether they go with the home (and therefore follow the same rules as above) is not a hard and fast rule. I would talk to local realtors to see what standard practice is in your area.

 

[nextwife]

The value of some USED kitchen appliances is NOT 2k!

You are likely referring to retail purchase price.

 

[mistoffolees]

The value of some USED kitchen appliances is NOT 2k!

You are likely referring to retail purchase price.

Good point.

If the court has to decide on property division, they will use fair market value - which is essentially what you'd get for them in a garage sale.

Appliances which cost $2 K new would probably be valued at maybe $500 if they're in like-new condition. So OP's half would be $250 - even if OP won (and OP probably wouldn't win on the kitchen appliances. Probably not worth fighting over.

 

[lori_cd]

Good point.

If the court has to decide on property division, they will use fair market value - which is essentially what you'd get for them in a garage sale.

Appliances which cost $2 K new would probably be valued at maybe $500 if they're in like-new condition. So OP's half would be $250 - even if OP won (and OP probably wouldn't win on the kitchen appliances. Probably not worth fighting over.

thank you to all who gave advice--i really appreciate all the imput--i am enlightened much more on this matter. i have made a decision to gracefully and wisely withdraw from greed. ty all again.