Legal Question in Family Law in Illinois
Wife moved out and abandoned property (not real estate) in Colorado. I finished off the lease and put what I could in storage unit (10x10) and have paid the rent on it for 22 months. We are trying to divide marital assets for the judge but she is claiming everything we have ever owned in our 22 years of marriage. Some of those items I know we have not owned for years. I have neither sold or intentionally disposed of any items. But in any moves things get thrown away of determined to be left behind. What am I responsible for. Does the fact she says we had it one time mean Im responsible if its not found now? She left and took a bunch of things with her and did not help pay for the bills the rest of the term of the lease and has not helped pay for the storage.
1 Answer from Attorneys
The Judge isn't going to be too concerned about items of marital property other than real esate. Sometimes they won't consider furnishings at all. If your wife is going to want to demand that you produce something, she's going to have to provide a picture and a receipt of the item. Also, I would argue that anything that she left in Colorado was now your property as it is in your possession and you have been paying the storage and moving cost for the property. Judges understand that furnishings and incidents get "turned over" during the course of a lifetime and isn't going to be intereted in a dispute over silverware. If an item is clearly something which would not have been disposed and which has substantial extrinsic value, i.e., over a thousand dollars, he/she may ask for an explanation of what happened to the item. I wouldn't worry about it too much. Just disclose what you have in your possession and the cost of preserving the property.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
