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

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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

Answers:

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.


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