Who has a right to the automotive tools I need to work, that were purchased before marriage?

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Who has a right to the automotive tools I need to work, that were purchased before marriage?

I started my career as a mechanic in 1984 and acquired most of my tools before our marriage in 1995. My wife is claiming that she has a right to all of them and wants me to buy her out of my half. I contend she only has a right to half the value of the amount that I bought after our marriage (which can be figured from amounts claimed on our taxes every year). What’s more, I need my tools to earn a living, let alone to pay child support.

Asked on November 8, 2010 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically, a spouse only has an interest in property or assets accumulated during marriage, not those brought into a marriage and acquired without the spouse's contribution. You should therefore have a good case to be made that these are not a marital asset (or rather, ; however, you should *not* attempt to resolve this matter yourself. By what you write, the outcome of who owns the tools will have a major impact on your life and ability to meet any support obligations; you should therefore retain experienced divorce counsel to represent you in this matter and make sure you are not liable for more than your fair share of marital assets (and also that any support you end up owing is as affordable and reasonable as possible). The money you pay for the attorney will be a very good investment.


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