Legal Question in Family Law in Connecticut

Property Dispute

A friend is trying to get divorced-wife originally gave back her rings and said to take specific furniture to pay off debt incurred together on his accounts. He moved out and did as agreed. Now time for divorce and she wants rings back, all furniture and to pay no part off debt.He sent letter telling her to take all but must pick-up by 4-1-04 as he is getting new furniture,she did not respond. They have a court date 4-14-04, what should he do with the furniture? Does he legally have to keep it and therefore incur more costs for storage?


Asked on 3/31/04, 1:45 pm

2 Answers from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: Property Dispute

She's going to say he took the rings w/o her knowledge. IF HE CAN PROVE he told her she had to get the furniture by 4/1 and she didn't and he incurred storage costs, she'll probably get tagged w/ the storage. The automatic orders say he can't dispose of assets w/o her written permission or a court order. If the debts were family debts and both are working, she should probably pay her proportionate share. If the court date is for a special masters' hearing a lot will get resolved then. Don't you guys have lawyers? You're foolish not to.

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Answered on 3/31/04, 2:43 pm
Bonnie Lee MacDonald Law Office of Bonnie Lee MacDonald

Re: Property Dispute

Your friend cannot get rid of the furniture. The automatic orders prohibit either party from disposing of marital property after the papers are filed. A judge may require his wife to pay the cost of storage if she agreed to take the furniture by April 1. The judge may order the parties to split the cost. AS to the rings, your friend will need to prove that she gave the rings back to him.

Both parties are responsible for debts they incurred while married, even if they are on his accounts. If they cannot agree on a settlement of debts and property, a judge will divide the property and assign debts. Much will depend on the party's respective incomes. An attorney would help your friend negotiate a settlement agreement and present his case before the judge.

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Answered on 3/31/04, 4:47 pm


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