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I want my personal property back ex will not give back even after divorce is finalized he doesn't allow me to get it.

Gig Harbor, WA |

Please someone explain how I can get what is left of my personal property. No the divorce doesn't state anything about holding my stuff for and time or date and no it doesn't state anything about when stuff has to be taken out of house. I have tired getting my stuff but he will not allow me to get my things that were given to me as a child and family members sadly can't replace those items since many of it its handed down to family to family. I am greatly upset by this I have tried many times to get ex to agree to give what is left. He states I gave him the house and everything in it in divorce which is wrong, only the house and what is his he can keep I want what is mine

Attorney Answers 1

Posted

Well I need to see the decree and other final documents for your case. If the case was in Pierce County, give me the case number an I will look it up and add more after I review the documents. Otherwise, if you are entitled to property in the house, and he won't give it to you, you can get what is called a Civil Standby Order. That is the specific Order from the court that allows you access to the house to get your stuff. You may also be able to have your X held in Contempt depending on the language in your decree. If you used an attorney to get the divorce call him/her and they should help you. Any other good family law attorney should be able to help you. Hope that helps. Good Luck.

This is not legal advice.

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6 comments

Asker

Posted

we filed in another county, we were also told neither of us can go each other houses I believe because that the judge didn't us seeing eachother and feel fearful. But I believe the reason why was because mainly my ex was upset and scared that i would find my stuff still in house and want to take it. I have proof he knew I was coming back and that he lied when I came back in court and then began throwing my belongings away because he was mad at me still. the file is very open ended when it comes to language about property what is does state is that what is her is hers and the house and his is his. SO I want only what is personally mine meaning personally items that were from my childhood and given to me by my family member that are now passed away.

Richard Paul Patrick

Richard Paul Patrick

Posted

A Civil Standby Order is what you want. See an attorney to help you.

Asker

Posted

what happens if you had to move out of state and he says in oral aggreement he will send the stuff except for my dresser end tables and lamps he agreed to send them when he figures out how to get them to arkansas from michigan i dont want to sign divorce papers and got 28 days to sign them how do i go about not signing them until i get my belongings i cant get back to michigan to get a lawyer and go to court i cant afford a layer on ssi and wondering how to reply to the papers without signing them

Richard Paul Patrick

Richard Paul Patrick

Posted

Oral agreements to return furniture are not likely enforceable. Sometimes, in life, things arent fair. No one goes through a divorce without some changes and dissapointments. If your stuff is too far away for you to go get it, and the decree does not state that he must return it to you, you may have to deal with the fact that it's not going to happen. Good Luck.

Asker

Posted

how do i reply to the divorce papers without signing them letting him know what i want before he gets the divorce

Richard Paul Patrick

Richard Paul Patrick

Posted

call me...no charge. I have some time to speak to you on the telephone. (253) 858-6800

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