Does my boyfriend’s ex-wife have any legal rights to things that were bought while they were married?

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Does my boyfriend’s ex-wife have any legal rights to things that were bought while they were married?

My boyfriend’s ex wife is demanding things that she “left” in the house. The divorce was finalized 2 months ago. The divorce papers sent to each of them after finalization state that “the personal property now in the possession of each party and separate property of the party now having possession.” That means that what’s his is his and what’s hers is hers. Am i correct? Does she have any legal standing to come get all these things that she wants? Everything she wants is in my boyfriend’s name and he was the only one with a job the entire time they were married.

Asked on June 17, 2011 under Family Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

Thank you for quoting the section of the divorce agreement but honestly it needs to be read as a whole in order to have it fully understood and to give any guidance here.  But what I can tell you is this: the fact that only he had a job during the marriage or paid for any or all of the items does not really matter.  Income earned during a marriage is considered marital income and assets bought during a marriage are considered marital assets if purchased with marital income.  So she has every right to the same assets he does.  The deciding factor here will be how the divorce agreement and decree is written.  I would suggest that he consult with an attorney or concede to negotiate, which may be cheaper in the end.  Good luck. 


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