In our divorce, can my wife be awarded half of the tools that I make a living with?

Asked on December 6, 2015 under Family Law, Florida


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Any judge has a wide amount of discretion on how to divide property.  If your tools are worth a substantial amount and the contents of the house (fridge, dryer, couch...) are worth about the same... then the judge can award you all the tools, flat out, and award her an equivalent value of household contents.  The judge is not required to go take every asset and split it down the middle... the judge is only required to divide the value of the estate. 
If your tools have value to you, but aren't worth that much (as far as replacement cost), then the judge will factor it as "personal property" in your possession.  Judges will often award each party their personal items in their possession. 
Much of the "how and what" the judge will do will depend on the value of the total community estate.  The fact that you use the tools to make a living will greater the chances of the judge awarding all of the tools to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.