Property Division

[JU89]

My wife, had been negotiating thru our attornies to try and settle our property, the marriage only lasted one year. She had all 95% of all wedding and shower gifts at her parents house now, which I have no access to. She also entered the house and cleaned it out of much of the joint property. All the while the attornies where negotiating, and up to our final typed agreement we had agreed that each sides gifts would go back to the other, also certain joint marital items she removed from the house would come back to me. In the eleventh hour she does not want to return any items she took, nor any of the items from the wedding and shower gifts. We are now with hard copy proof finding out she has returned some of the gifts and received about $4000 in cash.

Now what?

[TC]

Unfortunately, posession is 9/10ths of the law.

If she has already sold the items, you may be able to get the court to santion her and possibly even try to get her to pay you back, but I doubt it.  Even if you are able to, it is more than likely going to cost you more in attorney fees to get it done than it is worth.

I know this isn't what you wanted to hear, but it more than likely is the way it is going to turn out.

What does your attorney say?

TC

[Lee Borden]

I think what you're saying is this: Judy and Frank have signed papers for an uncontested divorce, one negotiated in good faith by Frank through Frank's lawyer and Judy's lawyer. While conducting the negotiations, Judy grabbed many of the assets the disposition of which she was negotiating and converted them to cash. The documents she signed say that she and Frank would divide these assets in a specified manner, one no longer possible because she has already sold them (for a fair price or for a discount price) and pocketed the proceeds.

If my understanding is correct, I think you do have an option here. Check out this page - http://www.divorceinfo.com/enforcement.htm - and send Judy the letter. If she ignores the letter and continues to defy the court's decree, and if you can show she continues to defy the decree, I think you should ask your lawyer to help you file an enforcement petition and request the court to force Judy to pay the lawyer's fee for doing so. That's what contempt is all about.