Can I Seize the lawn equipment that I paid for if my Ex husband refuses to pay his half of the debt?

UPDATED: Sep 30, 2022

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Can I Seize the lawn equipment that I paid for if my Ex husband refuses to pay his half of the debt?

I’m going through a Divorce but I co-own a lawn cutting business we my ex
husband. But he refuses to pay his half of the debt for the equipment which I paid
for all of it. How can I seize it for liquidation?

Asked on January 10, 2017 under Family Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't seize the equipment unless when you paid for it, your husband or the business (if the business were an LLC or corporation and were the entity owning the equipment after its purchase) signed an agreement saying that if your husband did not pay his share or repayment were not made, you could take the equipment: there must be a written agreement authorizing it to be taken for nonpayment. Otherwise, you can just try to get the distribution of assets in your divorce to reflect this expense you paid.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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