Can my ex-husband ask for personal property back?
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Generally, no — he cannot simply deduct those purchases from what he “owes” his spouse. Because the items were bought with marital funds, they are marital assets and subject to division in the divorce. That means each spouse has an ownership interest and their value can be considered in the overall division of assets. Technically, he could try to offset a portion of the asset value (e.g., seek credit for 50% of the value) as part of the overall property division — but that would be handled through the divorce property settlement, not as a unilateral deduction.
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Is a husband allowed to ask for money back for purchases made for the spouse during the marriage? For example, a camera and a laptop that were purchased for the wife while married.
I understand. Were these purchases made with joint funds or solely by the husband?
Joint funds.
Are you currently going through a divorce or legal separation process?
Yes.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with the division of assets.
I don't know.
Hi — I’m Benjamin, an attorney. A couple quick questions: 1) What was the purpose of these purchases — gifts, work, etc.? 2) Do you expect the spouse will keep the items after the divorce?
So my husband purchased them for me while we were married, when I was doing photography on the side, and now that we are separated, I have them in my possession. They are paid for, but he wants to deduct the amount that he paid for them from what he owes me in the divorce. I am letting him keep all of our assets. The only thing that I’m asking for is half of our savings (which he already gave me) and a certain amount for our paid-for house that is worth at least three times what we paid for it.
Generally, no — he cannot simply deduct those purchases from what he “owes” his spouse. Because the items were bought with marital funds, they are marital assets and subject to division in the divorce. That means each spouse has an ownership interest and their value can be considered in the overall division of assets. Technically, he could try to offset a portion of the asset value (e.g., seek credit for 50% of the value) as part of the overall property division — but that would be handled through the divorce property settlement, not as a unilateral deduction.
Thanks.
