QUESTION

If I was denied property access after divorce settlement how can I retrieve my property?

Asked on Jul 03rd, 2014 on Divorce - North Carolina
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12 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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You have a few options. If you were awarded property in the court's order and your ex denies access to the property, you could file a motion for order to show cause against your ex directing your ex to explain why either he/he is justified in keeping you from accessing your property or should be held in contempt of court and sanctioned. If the court ruled in your favor, it will typically direct your asked to return the property or risk having judgment entered against him/her for the value of the property and/or jailed for failure to comply with the courts previous order awarding the property to you. Under certain circumstances, you may be able to report the property to the police as stolen are you legally withheld from you, although usually the police are not eager to help people in divorce situations by charging each other with crimes, even if there really is a crime or crimes being committed. Be prepared for the police to tell you that this is a "civil matter" whether it really is or isn't. A third option is to sue incivil court for conversion or replevin. When you sue for conversion you are asking the court to award you the value of the items withheld from you, but you do not get the items back. Suing for conversion is often a good way to recover when you're exclaves the items have been lost or stolen away from him/her. While you may not get the item back, you will get damages in the form of money representing the value of the item kept from you. Replevin is an action in civil court where you Sue to recover the item taken, not for the value of the item. If you went to replevin action, the court orders the defendant to return the property to you, or risk being held in contempt of court and jailed or find, etc. for failure to comply with the courts order or refusal to comply.
Answered on Aug 25th, 2014 at 11:27 AM

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Family Law Attorney serving Brighton, MI at John Ceci PLLC
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File a motion and get a court order allowing you to do so.
Answered on Jul 09th, 2014 at 10:35 AM

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Divorce Attorney serving Brookfield, WI
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If the property you were to have is listed in the judgment of divorce - your divorce decree, then you can file a motion to enforce the judgment. This is essentially a contempt motion stating that the other party is not complying with the judgment, which are court orders for each party to receive certain assets or take certain actions regarding those assets. You may want a quick review by an attorney prior to filing this motion to make sure it is clearly spelled out. You can be ordered to pay attorney fees if you file a contempt motion without the orders actually being in the judgment.
Answered on Jul 09th, 2014 at 9:14 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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File a motion for contempt of court against your ex for not returning your property.
Answered on Jul 08th, 2014 at 9:49 AM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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Call the police and see if they will help. Otherwise file a motion for contempt.
Answered on Jul 07th, 2014 at 5:38 AM

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If your ex refuses to allow you to retrieve your property, you can either sue in Civil Court or return to Family Court for an Order to allow you to get your property. Remember, however, time is of the essence. Good luck.
Answered on Jul 07th, 2014 at 5:37 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Hire an attorney and enforce the court's order.
Answered on Jul 07th, 2014 at 5:36 AM

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Adoption Attorney serving Baton Rouge, LA
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You can file a motion to have a law enforcement officer accompany you to retrieve your personal effects.
Answered on Jul 04th, 2014 at 6:38 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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Get an order from the court allowing access to retrieve your property.
Answered on Jul 04th, 2014 at 6:29 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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The police may help you retrieve your belongings, but if they won't, you will need to go to court to obtain order which the police will enforce (if your ex won't honor it).
Answered on Jul 04th, 2014 at 11:29 AM

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You can ask for the police or sheriff to accompany you to the house for property retrieval. Show them the order. Good luck.
Answered on Jul 04th, 2014 at 11:28 AM

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It depends on the type of settlement you entered. If through a court order, then you may have to proceed with a contempt action against your spouse. If through a Separation Agreement, then you may have to proceed with a lawsuit for breach of contract. With the Separation Agreement, there is likely a provision to recover attorney's fees if your spouse has breached the Agreement. Attorney's fees are also allowed in a contempt action. Often, a strongly worded letter from an attorney can solve this problem. The above answer would be completely different if you did not have a formal settlement document.
Answered on Jul 04th, 2014 at 11:28 AM

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