Can my husband send money/gold to his paramour abroad as gift without filing for a divorce from me?

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Can my husband send money/gold to his paramour abroad as gift without filing for a divorce from me?

My husband left home and is planning to file for a divorce stating that he has fallen in love with someone else who is abroad. He owns pieces of jewelries and wants to send these to his paramour as a gift. Are these jewelries part of our assets as a couple and can I sue him for this?

Asked on October 27, 2011 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If he owns jewelry and purchased it while you were married and not separated, then theoretically the jewelry can be considered a marital asset. You need to ask yourself if he purchased these items while married, if they were inherited or if you purchased them for him prior to marriage. The last two could make these jewelry pieces separate property, the first marital property. If it is marital property, then you could find out how much they are worth or include it in your divorce decree and have the accounting done during the divorce proceedings to make sure you either obtain your portion of the marital asset or its worth as either community property or through equitable distribution (depending on what your state's laws are in divorce and separation of assets).


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