Q: Can I get compensation for half of the value of the appliances of we sell our house during the divorce?
A: Idaho is a community property state. If appliances were purchased during the marriage then "YES," you're entitled to 1/2 the money received. However, if appliances purchased during the marriage are sold after the divorce was filed, then the sale itself may be in violation of the Joint Injunction the parties receive upon the filing of the divorce. This Joint Injunction contains 2 parts: part I is a prohibition not to take a minor child out of the court's jurisdiction; part II is an order to the parties NOT to sell, give away, break, encumber the community property of the parties. Assuming the Petition for Divorce had already been filed, then whomever sold ANY appliances or cars or any other "jointly owned" property, is subject to Contempt of Court under Rule 75 of the Idaho Rules of Family Law Procedure (IRFLP).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
