QUESTION
Can a property settlement be amended after a divorce is final, and can text messages be used as proof of agreements made?
Asked on Apr 23rd, 2014 on Divorce - Idaho
More details to this question:
My ex-husband and I made verbal/text message agreements regarding our property. Our divorce decree simply states that we were to keep items that were "in our possession" at the time of the divorce. My ex-husband was living in the home that we had rented, and my belongings were in the house. We had agreed that he would move out, and that he would leave all of my belongings in the home, because I would be moving back in. When he finally left, he took most of my belongings with him. How can I get them back?
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think you need to sue him outside of divorce court for the value of the items he took. You will need the text messages to show that he has your property. The problem in the divorce case is that the property was not "in you possession" and you don't have any right to it under the decree.
Answered on Apr 25th, 2014 at 5:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would've hoped that you had an attorney during the divorce proceeding, and if you did that is the person to consult. Otherwise you will have to take your proofs to the court and file motion to have your property returned to you if it is determined that under the judgment as entered, and the evidence you can provide, you are entitled to it.
Answered on Apr 25th, 2014 at 5:41 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the divorce decree said those items were allocated to you, yes. If the verbal agreement was different from the final decree, then no. The only thing a court can consider post decree is an issue the parties either forgot to address in the decree or that was unknown by a party at the time of the decree.
Answered on Apr 25th, 2014 at 5:41 PM