Community Property
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Thread Starter
Join Date: Dec 2006
Location: Ca
Posts: 69
Community Property
I haven't posted on here for a while, but recently my STBXAH was arrested drunk and asleep in front of my apartment door, after he had been escorted away that morning. A few days later I left to Dallas for a business trip and returned this weekend to find that he had emptied my apartment. He took all of the furniture, my clothes, my Mary Kay product, everything!!
I have an appointment tomorrow morning with a judge for a restraining order. What is the best way to go about getting my clothes and Mary Kay stuff back?
I had taken my wedding ring to my mom's house before I left because I was afraid he would do this. Is my wedding ring community property? Can I sell my wedding ring and take all of the profit to buy some new furniture or pay rent? I don't want to share the profit with him since he's playing so dirty.
He has been talking to an attorney, but we have only been married a year and only have a timeshare and a car loan together. I don't want to pay for an attorney, but want my clothes back. Any advice will help, thank you!!
I have an appointment tomorrow morning with a judge for a restraining order. What is the best way to go about getting my clothes and Mary Kay stuff back?
I had taken my wedding ring to my mom's house before I left because I was afraid he would do this. Is my wedding ring community property? Can I sell my wedding ring and take all of the profit to buy some new furniture or pay rent? I don't want to share the profit with him since he's playing so dirty.
He has been talking to an attorney, but we have only been married a year and only have a timeshare and a car loan together. I don't want to pay for an attorney, but want my clothes back. Any advice will help, thank you!!
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Join Date: Apr 2004
Location: Keepin' my side of the litterbox clean
Posts: 2,136
If you don't want to pay an attorney, look up your local legal aid - it should be under the county government pages. A gift is not considered community property. Any jewelry you were given is not community property. He has to give you back your clothes; that is, if you can locate him AND your clothes. He might have sold them to buy booze/drugs or just to get back at you.
Community property states work in the best interests of those married a long time and people who have property-in-common or tenancy-in-common. You have only been married a year. Get an attorney through legal aide who will perform pro bono work. This is what my former boss, an attorney, would call a "slam-dunk."
The judge will decide who gets the time share and car loan. One car, one loan. Well, you can't split the car down the middle, so someone will probably have to take the burden of the debt if they want the car. That's up to you and your husband as to who will assume liability for the loan and possess the car.
Was the furniture purchased after you got married or prior to marriage? If so, who purchased the furniture?
Community property states work in the best interests of those married a long time and people who have property-in-common or tenancy-in-common. You have only been married a year. Get an attorney through legal aide who will perform pro bono work. This is what my former boss, an attorney, would call a "slam-dunk."
The judge will decide who gets the time share and car loan. One car, one loan. Well, you can't split the car down the middle, so someone will probably have to take the burden of the debt if they want the car. That's up to you and your husband as to who will assume liability for the loan and possess the car.
Was the furniture purchased after you got married or prior to marriage? If so, who purchased the furniture?
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Join Date: Dec 2006
Location: Ca
Posts: 69
He has a car that's paid in full that he drives and is in his name. I drive the truck which is leased under both names. I want to keep the truck.
Most furniture was purchased before marriage, but while we were living together and had a joint account. The rest was purchased jointly after we were married.
I have a kay jewelers card in my name, and a big loan in my name, that we did together but his credit wasn't good enough. Will he have to pay part of this with me? I have talked to him on the phone and sometimes he denies having my stuff and sometimes he says maybe I can get it back. But there will be no more communication after I get the restraining order tomorrow morning.
Most furniture was purchased before marriage, but while we were living together and had a joint account. The rest was purchased jointly after we were married.
I have a kay jewelers card in my name, and a big loan in my name, that we did together but his credit wasn't good enough. Will he have to pay part of this with me? I have talked to him on the phone and sometimes he denies having my stuff and sometimes he says maybe I can get it back. But there will be no more communication after I get the restraining order tomorrow morning.
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Join Date: Dec 2006
Location: Ca
Posts: 69
So the wedding ring for sure is considered a gift and I can sell it? It's worth $24,000 and I foung a buyer that will buy it for $18,000. This will pay off my bills and REALLY help with rent and new furniture. I just don't want it to end up hurting me!!
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Join Date: Apr 2004
Location: Keepin' my side of the litterbox clean
Posts: 2,136
Purchases made in joint during a marriage are split down the middle. Debts or other encumberances incurred during a marriage are generally split right down the middle too. As Denny said, find a lawyer who will give you a free initial consultation; if one is not available, there is always legal aid.
If you can get a large junk of money for the ring, then it is worth considering if it will relieve your financial burdens.
If you can get a large junk of money for the ring, then it is worth considering if it will relieve your financial burdens.
I'm no angel!
Join Date: May 2005
Location: tampa, fl
Posts: 6,728
The way I look at it is "Catch me if you can", the ring is yours, if you need the money, sell it.
Laws are written in black and white and interperted in gray matter.
And yes, go to legal aid for guidance on the other issues. You do have rights and you need legal representation to protect them.
Laws are written in black and white and interperted in gray matter.
And yes, go to legal aid for guidance on the other issues. You do have rights and you need legal representation to protect them.
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Join Date: Jul 2007
Posts: 596
I would advise getting legal aid asap. Additionally, is he on the lease for your apartment? If not, then didn't he just commit a crime by entering and taking your stuff? That won't look too swell in front of a judge if he is on record for breaking and entering, in addition to the arrest for being drunk. If you get legal advice to have the cops involved and charges made, I would think they would give you access to your stuff as soon as they restrain him.
I would ask about the ring. My guess is that a judge would order you to split the debt. So, if you sell it, you're going to still owe half of the debt for the ring. I just don't know. Would be hard to say it was a gift since the debt is 100% in your name.
Go get legal help, and I would seriously consider pressing charges for breaking and entering, theft, etc.
I would ask about the ring. My guess is that a judge would order you to split the debt. So, if you sell it, you're going to still owe half of the debt for the ring. I just don't know. Would be hard to say it was a gift since the debt is 100% in your name.
Go get legal help, and I would seriously consider pressing charges for breaking and entering, theft, etc.
My Cape Is at The Cleaners
Join Date: Nov 2004
Location: Metropolis
Posts: 1,117
Hi,
It says here that you live in Calif, correct?
I do also and I handled everything myself with at paralegal for advise.
That ring is yours by the way.
You also should file a police report on the missing stuff.
Start building a case here and protect yourself.
It says here that you live in Calif, correct?
I do also and I handled everything myself with at paralegal for advise.
That ring is yours by the way.
You also should file a police report on the missing stuff.
Start building a case here and protect yourself.
Member
Join Date: Nov 2006
Location: Murrieta, Ca
Posts: 2,683
Originally Posted by prodigal 
Purchases made in joint during a marriage are split down the middle. Debts or other encumberances incurred during a marriage are generally split right down the middle too. As Denny said, find a lawyer who will give you a free initial consultation; if one is not available, there is always legal aid.
If you can get a large junk of money for the ring, then it is worth considering if it will relieve your financial burdens.
Member
Join Date: Jan 2006
Location: Los Angeles, CA
Posts: 5,075
No fault and 50/50 are not the same thing. A judge may weigh other factors when splitting assets.
I am going through this right now. We are having what is called an uneven split.
My suggestion is to talk to an expert about your particulars.
I am going through this right now. We are having what is called an uneven split.
My suggestion is to talk to an expert about your particulars.
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Thread Starter
Join Date: Dec 2006
Location: Ca
Posts: 69
Thanks for the advice! He called me today right before I picked up the restraining order and told me that I can have all of my personal stuff back, but will have to compensate me for the clothes and shoes that he got rid of. I can have the dining room table and tv and dvd player that I'm asking for. They supposedly ruined all vases and decorations in the move (don't believe but don't care). I can also have all of my Mary Kay products and inventory back.
As for the ring.. the lawyer he was going to retain said it was a gift to me and I may do as I please. He is on the apartment lease and is supposed to take his name off for me tomorrow. I will continue to pray tonight that he actually does it. He is supposed to drop my stuff off at the office when he signs the paper.
He doesn't want my truck and said to sell the time share and take the profit if there is any. That profit he said can help pay me back for the clothes and shoes of mine that he discarded.
I think the lawyer basically told him that he won't get anything from me, so why pursue an expensive divorce. I also think his new girlfriend is getting sick of it all since she's also been texting me from his phone. I informed him that I will get a restraining order against her also if I get one more text from her.
So, hopefully we are finally going to come to an end to this all. And I will be debt free and rent free for a year when I sell my ring!!!
As for the ring.. the lawyer he was going to retain said it was a gift to me and I may do as I please. He is on the apartment lease and is supposed to take his name off for me tomorrow. I will continue to pray tonight that he actually does it. He is supposed to drop my stuff off at the office when he signs the paper.
He doesn't want my truck and said to sell the time share and take the profit if there is any. That profit he said can help pay me back for the clothes and shoes of mine that he discarded.
I think the lawyer basically told him that he won't get anything from me, so why pursue an expensive divorce. I also think his new girlfriend is getting sick of it all since she's also been texting me from his phone. I informed him that I will get a restraining order against her also if I get one more text from her.
So, hopefully we are finally going to come to an end to this all. And I will be debt free and rent free for a year when I sell my ring!!!
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Thread Starter
Join Date: Dec 2006
Location: Ca
Posts: 69
update!! I got my clothes and mary kay stuff back! He was served with the restraining order yesterday. Sunday morning I can pick up my table, tv, and dvd player. That's it for contact until divorce papers are signed!!!!!!!! Yeah!!!!! Never thought I would ever get out of this AND be so happy!!!!!!!!!
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