First off, I’m not getting divorced- this is something a friend of mine and I were discussing regarding legality of installing spyware on a spouses’ computer. As we talked, I realized that I am under the impression that there are things in this house that I believe are MINE, and only mine. Things like my computer (which only I use), my purse, my luggage, my books, etc.
So here’s a hypothetical. Can my husband take my purse and all it’s contents? Is it considered marital property? Or is it mine because I’m the sole user of that item, despite the fact that it “lives” in our marital home? Is my laptop mine? Could he be arrested for stealing it if he ran away with it?
Just some thoughts- I’m not looking for opinions, I’m looking for legal facts. Is “my stuff” really mine? Or is it ours? What if my purse had all of our money in it- is the money mine? His? Ours?
OK, assume no prenup and the state of NC, then. What I’m wondering is what the law says regarding the examples I showed above, and perhaps how it DOES vary state to state.
IANAL and I don’t know the law in NC but since you’re interested in other states, I can tell you how it works in WI. WI is the only marital property state, having adopted the Uniform Marital Property Act. Under WUMPA, all property of a married couple is assumed to be marital with a few exceptions. Individual property owned prior to the marriage and gifts and inheritances received during the amrriage are individual property. Individual property automatically becomes marital property if any marital asset gets mingled with it, e.g. stocks owned as individual property become marital if dividends earned during the marriage are reinvested in the stock, unless there’s a marital property agreement that specifies otherwise. Individual property can also become marital if the non-owner spouse invests significant time and effort into maintaining the property, say if she installs a new roof on a house owned individually by the other spouse. Title does not determine ownership of marital property. A car, house, boat, whatever can be titled in the name of one spouse but if was purchased with even a dollar of marital assets it’s marital property. So in Wisconsin, your purse, laptop, etc. are as much your spouses as they are yours and legally he may use them as he wishes.
I AM going through a divorce in Illinois, and based on what I have been told by my lawyer, it is much the same here as in Wisconsin. Anything purchased after the marriage is marital property, regardless of whose name is on the title, except for inheritances and gifts. Same goes for debt. If there is a credit card in your name only, your husband is equally responsible for that debt and they could chase him just the same as you or vice versa. Boy, has that one been chapping my hide, let me tell you.
So unless you bought your purse and your computer prior to getting married, he could mess with either and you couldn’t prosecute him. If you lived here, that is.
On our honeymoon in Bermuda, more years ago than I care to think about, my then-new wife carried most of our important travel documents, traveler’s checks, cash, etc., in her purse, and I was privliged to go into it as needed.
That’s when I realized that I was really and truly married. Any two people can share a bed, but sharing a purse… THAT’S true intimacy.
So buy everything you want to keep after a divorce before you get married seems to be the trick… I read even prenups after years become void…
Say during marriage I buy a vehicle… My own money, mine own work on it… Spouse doesnt contribute a dime of $ or any time whatsoever… May enjoy a ride in it… Is it solely mine, or because she may borrow it for fun on occasion makes it hers too???
This marriage thing sounds like its a lose/lose situation… why bother.heh…
Sorry to hear about your divorce- this sure is an eye-opener, though. When I was married the first time and divorced, we didn’t split any property (I bolted and never looked back and only took my name back, and was glad I did), so it’s never come up as an issue. Wow, good to know.
