Can a husband get money back for marital purchases?
Is the husband allowed to ask for money back for purchases made for the spouse during the marriage? For example, a camera and laptop that were purchased for the wife while married.
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Generally no, he cannot deduct those items from what he owes you.
Because those items were purchased with marital funds, they became marital assets. All marital assets are subject to division during a divorce, and both parties are presumed to be 50/50 owners of all marital assets. So, technically, he could ask to offset 50% of the value of that property as part of the division of assets.
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Is the husband allowed to ask for money back for purchases made for the spouse during the marriage? For example, a camera and laptop that were purchased for the wife while married.
I understand your concern. 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 Family Lawyer should know before I connect you? Rest assured they’ll be able to help with division of assets.
I don't know.
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
- What was the purpose of these purchases—gifts, work, etc.?
- I would presume that the ex-spouse will be retaining these 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 deduct those items from what he owes you.
Because those items were purchased with marital funds, they became marital assets. All marital assets are subject to division during a divorce, and both parties are presumed to be 50/50 owners of all marital assets. So, technically, he could ask to offset 50% of the value of that property as part of the division of assets.
Benjamin
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