Legal Question in Family Law in California
Husband giving away community property
My husband and I separated in February, and plan to divorce, but have not filed yet. He took several valuable lighting fixtures when he left, without any discussion of it. I think he sold a couple of them, but I found out he gave a very valuable lamp to someone he'd just met. I read in a Nolo book that during divorce, individuals can sell "community personal property" without their spouse's permission, but can not give it away. I have a few questions about all this.
1) If he sold lamps, will he have to give me half the money he got for them?
2) I think he may have sold them for ridiculously low prices, to get money right away (he has a drug problem, and without my money, he's probably having a rough time supporting his habit.) What if he sold them for far less than their true value? I do realize things are worth much less when sold secondhand, even if they're brand new, as these were. I think he sold them for 10% or less of the retail price. Could he be made to pay me half their true value?
3) The most valuable lamp (~$2000 retail) is the one he gave away. Can I make him get it back, or pay me half the value of it? What if his friend says she paid a dollar for it?
I don't know if it's relevant how we got all these lighting fixtures, and what we paid for them. We got them legally, but at far below retail prices.
Thank you so much for any help you can provide.
2 Answer from Attorneys
You are overdue in filing your divorce petition and if necessary a motion to prohibit the continued sale or gifting of these assets. When you file with the court, include in your motion a request for an accounting of the liquidated assets and in the divorce request a fair division of these items via offset by being awarded other property of equivalent value or 1/2 of the fair market value of the items he liquidated.
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