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?

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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

Answers:

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. 


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