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Since my wife removed all of our marital assets from my home, can she make me pay for half of what's owed?

Londonderry, NH |

She came to my home when I wasn't there and removed everything. She even took property she previously agreed to let me keep. I trusted her to keep her word when we agreed what to split but she reneged on our agreement. Now she wants me to pay for half of the property when it is all in her exclusive possession. Can she get away with this?

Attorney Answers 4

Posted

Usually, judges order that the debt follows on whatever it is owed.

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Asker

Posted

Thank you. I guess that means even though she has possession of everything I still have to pay half the debt.

Posted

It's unlikely that a court would make you responsible for a debt attached to property she retains possession of.
Have you considered mediation?

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Asker

Posted

Thank you for responding. We were going to mediate but when she came over, she took it upon herself to just take everything.

Joseph Caulfield

Joseph Caulfield

Posted

Well, just because she has physical position of the stuff at this moment and wants you to assume the debt, doesn't mean you couldn't come to a different arrangement in mediation. BTW, I'm new to AVVO and didn't even realize the questioner could reply to the attorney through the website. Good to know!

Asker

Posted

Welcome to AVVO and thank you for the helpful advice.

Posted

If you don't have a final order, you can still ask for a portion of the property she removed. Take photos of the empty house to show that everything was taken and prepare of list of what you want back to effectuate an equal division of the property. I agree that this can be addressed through mediation.

Disclaimer: This response is offered for educational purpose only. This response in no way creates an attorney-client relationship between Anna Goulet Zimmerman/Law Office of Manning & Zimmerman, PLLC and the recipient. Responses are general in nature and should not be relied upon as legal advice. The response given is based upon the limited facts provided, and could be different if additional facts were known.

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Posted

Thank you for the advice. You were very helpful.

Posted

Have you talked to your attorney about this? Is everyone aware of what was agreed to? You need to be able to show that she didn't keep her word, so I am hoping that you had a list of property for each spouse. I agree with the other answer that suggests you photograph the empty house, to show that it's all gone.

Is this “helpful” or a “best” answer? Please mark it if it was, and I hope it was! Thank you! Nancy L. Ballast is an attorney in west Michigan, with a practice centered on family law, estate planning, and criminal law. www.nancyballastlaw.com

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Asker

Posted

Thank you for the advice. Her attorney knows she took everything.

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