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What motion do I need to file to get the judge to rule on our property distribution?

Pensacola, FL |

We entered into an agreement the morning of my final hearing...my ex threatened if I didn't take her offer, she would see I was only allowed supervised visitation. The judge reserved the right to rule on personal property at a later date. After 6 mos, my ex still refuses to give me even my premarital property. My ex got my home, office and shop leaving me barely able to pay basic bills. I can't afford an attorney. What motion do I need to file to get a personal property hearing?

Mr Meyers, I backed down on the day of the hearing because my attorney told me I should take the deal...her retainer had run out the day before and she was afraid she was not going to get paid for the hearing. She told me what she had to in order to press me into the deal she and opposing council agreed on. My decision will likely haunt me the rest of my life. I have concluded that I would rather proceed on my own than trust another attorney. I hope that my ex, who has a very expensive atty as well, would rather settle that pay the thousands to fight me (kind of using her own tactic against her). In short, I have looked through a library of motions for FL divorce court but have not seen one that applys to asking the judge to rule on personal property as he specifically said he would reserve the right to do. If you do not know what form I am looking for, I would appreciate you resisting the temptation to add your two cents...

Attorney Answers 2


  1. I am sorry to tell you this. But, I am of the strong belief that the reason that your post has been viewed but not answered for so long a period of time is that no one else will give you the honest answer that you do not want to hear. On the one hand you say that you "can't afford" an attorney. On the other hand you both post that you have lost a great deal and that you apparently backed down to threats instead of simply going before the court in your final hearing and cooly, calmly and clearly presenting your point of view to the court.

    If you are serious about the question that you have posted, you will find a way to retain counsel to assist you in reviewing the procedure in the case and thoroughly preparing for and then going forward with additional court action. There are no quick, free fixes.

    Truly, I wish you the best.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


  2. If the judge reserved on the issue of personal property, then you can file a motion to proceed with that reservation. My experience with that kind of language on those final judgment is that the judge is hoping that the parties will get together and do the distribution of the personal property. They reserve jurisdiction to address such a issue, just in case. If that did not happen, then move on the reservation itself. Set it for hearing and go there prepared with a list of what you should get and a list of what she should get. You may have to go before a general magistrate, after an order of referral on the motion has been entered, since this is now a post-judgment situation. The clerk's office should be able to help you with this process. If your former wife does not want to spend thousands of dollars on an attorney, then try mediation. In addition, your final judgment or agreement might require you to do that before you go to court. Make sure you read that carefully.

    Please note that this is not intended as legal advice, rather as a comment.

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