Boise, ID asked in Divorce for Idaho

Q: Can I get compensation for half of the value of the appliances of we sell our house during the divorce?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

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).

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