How do I seek restitution for my ex wife stealing the majority of my marital property after our divorce was finalized?

Asked about 2 years ago - Boulder, CO

She broke (broke a window) into the house I was living in that was ordered sold that I had the 50% of our marital property that was mine, changed the locks and moved in while I was on spring-break with our daughter . When the house was sold she took all of the furniture and other possessions that were agreed to as mine and moved them to her new house. She refuses to give me any compensation for them and states she'll swear they were abandoned. She sold one possession alone, a cello, for $2700. The judge valued all of our household possessions at $20,000 as a default number. I currently pay $3000/month maint and that ends Nov 2014.

Attorney answers (5)

  1. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . Did you call the police? She should be facing criminal charges for burglary at this point so give them a call. You can also file various motions in your family law case with the assistance of a family law attorney.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. David Littman

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . With the substantial financial resources that you are describing, it is hard for me to understand why you have not consulted with or retained an attorney. Obviously, you have not been able to work your way through this mess by yourself. Call one of the attorneys who has responded to your question and schedule a consultation as soon as possible. Alternatively, if you elect to do nothing, write this off as another unfortunate life experience and move ahead with matters that will be positive for you. Good luck.

  3. Stephen Clark Harkess

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your best bet is to hire an attorney and file contempt against her for failure to turn over the property awarded to you by the Court.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  4. Gregg A Greenstein

    Contributor Level 2

    4

    Lawyers agree

    Answered . When a Court order is violated, restitution (compensation) can be obtained through a contempt motion seeking remedial contempt sanctions. Sanctions can include a variety of things, including but not limited to money or replacement of the broken and stolen items. Attorney fees may be awarded as part of the sanctions.

    There may also be a basis for a criminal prosecution for burglary, theft, and other charges.

    A separate civil lawsuit for tortious actions (example: extreme and outrageous conduct) may be possible.

  5. David M. Rich

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . I agree with my colleagues. Though sometimes a motion to compel is simpler than contempt to start. Hope this helps.

    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado.... more

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