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My ex wife bought a boat while we were married with her own…

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My ex wife bought...

My ex wife bought a boat while we were married with her own money....When we divorced I believe she verbally told me to keep the boat as I aslo was keeping our lake house so it would be convieniant. We have been divorced two years now and about a year ago I sold the boat..I guess she just found out and now demands the proceeds of the sale...We were married 38 yrs and each bought countless items with our own dollars...My question is-does she have any right to the proceeds? She is threatening to take small claims court. Just want to know my rights as I have repaired, paid fees, for this boat for last years we had it...Thanks

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Sure Huntsville,Al

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would guess the value of the boat to be about $6,000 when i sold it..When divorced she took the primary residence appraised at $300k and I took over the lake property valued at $160k..

Submitted: 10 months ago.Category: Legal
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10/5/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
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Lawyer: Legal Eagle, Lawyer replied 10 months ago

I'm sorry to hear about your situation. generally, even if she bought the boat with “her own money,” the fact that it was purchased during the marriage means that it is likely going to be a marital asset. If you had an agreement that you would keep the boat after the divorce then the boat then becomes yours. This may be frustrated if the title to the boat was still in her name, but if she gave you authorization to use and sell the boat as needed, then she may not have any recourse. In addition, if the divorce decree did not say anything about the boat or if the divorce decree said that you could keep all “peronsal property not listed,” for example, then she would not have any recourse. Basically, she would have to sue you for being in contempt of the court order after the divorce was enter. If she cannot prove that she still had a right to that particular boat or the proceeds from the sale of the boat, then she is not going to have a successful cause of action.

. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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