Can I sell some of my husband’s personal possessions that he is no longer in need of, to cover dental work that I desperately need?

I’ve been married for 30 years. Unfortunately both of us are disabled now and can’t work. We barely make it by each month. I have horrible tooth and gum problems and get painful infections. My dental insurance doesn’t pay much. I need the mess in my mouth all out and dentures. It won’t fit in our budget. Over the years my husband has accumulated many expensive items, all in his name. (Guns, rifles, motorcycles, etc) that he is unable to use or ride after several strokes and 5 by-passes. He refuses to sell any to help me. How can I sell them without his OK?

Asked on July 14, 2015 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry.  First of all, whose name the possessions are in does not necessarily make them "his" or "hers".  If they are purchased during the marriage they are marital property.  But you would not be able to give title to anything if it is titled in your husband's name withoput his consent.  he would have to sign.  So you are caught between a rock and a hard place here. If you were to file for divorce and the property split then he would have to either compensate you for the items or sign over title if they were part of a distribution.  I;m so sorry that I can not help any more. 

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.