Does my ex husband have any rights to furniture that was given to us by his family while we were married?

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Does my ex husband have any rights to furniture that was given to us by his family while we were married?

My divorce was final over a year ago and my ex-husband is trying to furniture from our marital home where I still live with our children. The furniture was his Grandmothers and he never wanted it before but now that he is wanting to remarry and get on with his new life he thinks he should have the furniture. Does he have any legal rights to it? When my father died and I inherited about $40,000 that he used to pay his personal debts off I was told I have no legal rights to ask for that money back because it was acquired while we were married, so I assumed the same goes for furniture. When he moved out he took half of everything he wanted.

Asked on August 9, 2012 under Family Law, Indiana

Answers:

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

Answered 8 years ago | Contributor

First of all the money you inherited was yours not his.  But becuase you showed an intent to make it marital by paying off his debt, it is likely that the court would not consider it a set off against the settlement between you.   I think that you have to stand your ground here as I think that you have a valid claim to the furniture.  If he wanted it it would have been in the agreement.  Once the agreement was signed and the divorce final he has no right to come back and try and get it.  He would have to request that the court amend the agreement if you did not voluntarily agree.  Speak with your lawyer.  Good luck.

 


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