QUESTION
How do I get half of the house and furniture I bought with my wife after divorce?
Asked on Feb 11th, 2014 on Divorce - Michigan
More details to this question:
My wife filed for divorce 2 years ago. I filed an answer to her filing. I was never served our next court date so I missed it. My wife told me the judge granted the divorce. I went down to the clerk and was told there was nothing I could do now. The divorce papers indicate that the divorce was granted but no property distribution was included. The noticed for the next court date was also in my file and it was marked by the sheriff that it wasn't served because I had moved. This was not true. My question is : how do I get my half of the house and furniture I bought with her? Do I have to take her to civil court?
6 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You may file for a division of the property if the decree did not state that it divided property.
Answered on Feb 18th, 2014 at 4:23 PM
I suggest you consider retaining a really good lawyer. At this time, I doubt you would be able to handle the matter successfully yourself.
Answered on Feb 18th, 2014 at 4:17 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Motion with the Judge seeking property distribution.
Answered on Feb 18th, 2014 at 4:15 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sounds like it. If there was no property distribution in the divorce decree, you might have a claim for conversion. However, if there was a property division and it says each party has their separate property, you are very likely done. I suppose you could try and claim that there has been a fraud on the court but I don't hold out a lot of hope on that one.
Answered on Feb 18th, 2014 at 4:15 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Your post is not clear. If you are title to the house then you still are an owner. If you purchased the house after the divorce judgment was entered, then the house is still jointly owned by you and your ex-wife. Hopefully, you are on title. If not on title, you would have to bring a civil action against your ex-wife. If the house was purchased during the marriage then an action in the divorce case can be brought claiming that the house is an omitted asset and request the court adjudicate the house. An experience lawyer can review your matter and properly advise you which course needs to be taken.
Answered on Feb 17th, 2014 at 5:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The first thing to do in the process is to hire an attorney. This is already messed up and the longer you wait the more it will cost.
Answered on Feb 17th, 2014 at 5:08 PM