Legal Question in Family Law in New York
sale of items acquired during marraige
My husband and I are separated (not legally) and he is in the process of selling a camping trailer and a golf cart we bought together while we were married.
I know how much he is asking for them as they are advertised locally but I will not know how much he sells them for and I was under the impression I should be getting 1/2 of the proceeds from anything we sell --if we acquired it while we were married??????
1 Answer from Attorneys
Re: sale of items acquired during marraige
The two of you are not divorced. If the two of you should get a divorce, you would be entitled to the equitable distribution of the sale price.
But since you are not in the process of getting a divorce, you do not have the power to demand 1/2 of the proceeds.
Consider this, if the two of you were living together, and he sold the camping trailer and golf cart, how would you force him to pay you any monies on this.
If the camping trailer and the golf cart were purchased during the term of your marriage you are legally entitled to them.
However, there must be a legal action pending where you can have a court order the division of the proceeds.
You should consult a lawyer,and if the value of the camping trailer and the golf cart are significant, perhaps you should consider a divorce.
If you have any further questions, please feel free to contact me.,
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