More details to this question:
In my divorce, we had a detailed personal property disclosure statement on what was hers and what was mine...everything from the vaccuum to the kids swing set. My question is around the items that were part of the house that weren't mentioned...like lighting fixtures, ceiling fans, window treatments, the expensive built-in sub-zero fridge,...my ex-wife is claiming that all of those things are hers to do as she pleases. She has already removed the 10 very expensive ceiling fans that were in the house and replaced them with the $30 Target variety. I am trying to sell the house and she is saying all of these are hers and she expects to be paid for them or will take them with her. On this logic, why can't she take the diswasher (it's easier to pull out that the fridge) or the in-wall speaker system.
1 ANSWER
Fixtures, such as ceiling fans, lights, etc., belong to the ex-spouse who was awarded the marital property. This is basic property law. If you were awarded the house, all of its fixtures belong to you as well, unless otherwise expressly agreed.
Additionally, there is a rule of Georgia law that any property not dealt with in the divorce agreement/judgment is presumed to have been separate non-marital property.
Your form legal recourse is sue your ex-spouse for damages and a contempt action. You may also have a criminal action for trespass, if your ex-wife accessed the home without permission and perhaps a criminal action for conversion of property.
Best regards,
Susan D. Taylor, Esquire
Rome, Georgia
Answered on Aug 19th, 2013 at 3:30 PM