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  • Common-Law Property Division

    I understand that each common-law spouse keeps what they bought, but how is it handled if all purchases come out of a joint account? Do I keep the things I bought and she keeps the things she bought while we were together?

    I can see that with clothing and other personal items, but what if I bought a used fridge out of the joint account? If I did the legwork, bought it, and moved it home, is it mine or is it ours?

  • #2
    If it came out of a joint account, then the ownership should be joint. If you bought a thousand dollars worth of socks and underwear that she has no use for, then either give her $500 cash or else let her have an additional $500 worth of jointly owned goods. As far as things like the fridge goes, if you sold it on Craigslist, the fact that you carried it home in the first place doesn't add value to the item. It doesn't add value to the item now either. Presumably if you had paid for delivery, that would have come out of the joint account as well, so that savings is already split between you.

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    • #3
      If applicable - I think one should consume the beer before pro-rating the fridge for division.

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      • #4
        Originally posted by logicalvelocity View Post
        If applicable - I think one should consume the beer before pro-rating the fridge for division.
        Wise words

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        • #5
          Originally posted by Mess View Post
          If it came out of a joint account, then the ownership should be joint. If you bought a thousand dollars worth of socks and underwear that she has no use for, then either give her $500 cash or else let her have an additional $500 worth of jointly owned goods.
          Are you telling me that everything we bought out of the joint account belongs to both of us? Until recently, we bought everything from the only account we had. Does that mean that I should be looking for half the value of her clothes?

          I thought that common-law meant that she keeps what she bought and I keep what I bought. Is that superceded by the funds coming out of a joint account?

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