Phedre Posted October 4, 2009 Posted October 4, 2009 Hey Everybody, Going through the big D right now and am curious about a few issues regarding assests and debts that my stbx and I have sorta argued about, but then just dropped at the time because it was not as important as other stuff. Well those things can no longer be ignored as we have reached the point in our D timeline where we have to put on paper what is going to happen. I was wanting y'alls opinions on a few items as I want to 'take care of myself' but I also don't want to be 'greedy and vengeful'. We are trying our best to split amicable after his repeated cheating and my inability to forgive him for it. 1- Wedding Ring 2- Pearl Necklace and earrings 3- Diamond earrings My stbx has stated that he would go ballistic if he saw me out and about with another man wearing 'his jewlery'. While that statement annoys me greatly it really isn't an issue because I have no desire to wear the jewlery because it all has such sentimental value to it. I also don't want to just keep the jewlery as some reminder of our marriage and put in a box forever. Also, I don't want to give him the jewlery because at this point I trust nothing he says and it wouldn't surprise me if he were to give the jewlery to a new girl he was dating specifically with the intent of me seeing/hurting me. I've considered selling the jewlery, but feel like anything I purchase will be 'tainted' by the failure of my ex marriage and even more than that, for some reason it just feels 'wrong'. On the other hand, there were major purchases made for him during the marriage and it has never been brought up if he is going to keep or sell that new tv we bought together. Why is it that jewlery seems to be different? My friends say sell it now or later, and then use the money now or use it later when I am so over this and won't feel guilty buy myself somthing with it. I have also considered selling the jewlery and using the money to put money on the joint credit card that we both owe money on. Just not wanting to be a vengeful ex, but not wanting to get walked on either. Thanks for your help!
Auroracoladybug Posted October 4, 2009 Posted October 4, 2009 I think you have a great idea...sell the jewelry and pay some credit card debt off...
imagine Posted October 4, 2009 Posted October 4, 2009 As far as I realised jewelry is a gift. Confirm this with your lawyer. Unless it is investment jewelry I don't think that he has got a case. Likewise any gift that you gave him is his!
Art_Critic Posted October 4, 2009 Posted October 4, 2009 (edited) You really should retain and consult an attorney. If you sell the Jewelry and your state considers it a marital asset they you would have to pay him his half.. In my state ( Georgia ) Gifts and Jewelery are considered a marital asset and are not owned specifically by one or the other parties. Georgia is an "equitable distribution state" which means that all marital property acquired during the marriage is subject to division. Property brought into the marriage is not subject to division in a divorce. In order to divide up property in a divorce action, categories of property have been established. Marital property includes all property that was acquired during the marriage, regardless of how it is titled (in whose name it is). Gifts from one spouse to another are marital property if they were purchased with marital funds. Pensions and business interests that were developed by one spouse are considered marital property if they were acquired during the marriage. In fact, the only property that the court may transfer from one spouse to another is half of a retirement plan, benefit package, pension, or profit sharing. Edited October 4, 2009 by Art_Critic
lupa Posted October 4, 2009 Posted October 4, 2009 In PA, the engagement ring is a pre-marital asset, and as such, I'm completely f*cked on that gigantic rock. Everything else is a mutual split.
Author Phedre Posted October 4, 2009 Author Posted October 4, 2009 Thank you so much for your input guys. I do have a lawyer and will consult with her regarding the legalities (for some foolish reason hadn't even thought of that). Hoping it is okay to sell and put it against our joint debt, but will verify with her.. thanks for y'alls input and time
phineas Posted October 5, 2009 Posted October 5, 2009 In PA, the engagement ring is a pre-marital asset, and as such, I'm completely f*cked on that gigantic rock. Everything else is a mutual split. Well im in NY & that engagement ring is in my hot little hands after she threw it at me. Since I did not give it on a holiday like christmas or birthday I think it's got a date with a pawn broker soon as D is final.
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