Back Up generator purchased by my business run out of the house. Ex husband wants to purchase the marital residence but says the generator is a Fixed item. It is not attached to the house I have receipts showing the company purchased the unit

Ex husband knows he can’t argue who the generator was purchased by – my company I have all the receipts. In order to avoid business disruption my company purchased the unit after buying the house. Now Ex wants to purchase the marital home legally divorced but going thru ED process and is saying the unit which is on the other side of the driveway from the home is a fixed piece of the property. Yet the unit can be removed without any damage to the dwelling. It is not the primary energy source and was only purchased to assist in the operation of my business which was run out of the house. Can someone please provide assistance/advice with this question?

Asked on July 26, 2018 under Real Estate Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Typically, a fixture is something that is permanently affixed to the property. Since the generator can be removed without causing damage, then it is not a fixture. The generator should not automatically convey with the property.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Based on your description, the generator is not a fixture because it is not permanently affixed to the property and its removal won't substantially damage the property.
If the generator had been permanently affixed to the property and its removal would damage the property, the generator would be a fixture.


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