Skip to main content

Destruction of personal property in divorce

Youngstown, OH |

I'm starting divorce process. I have a protection order..my estranged husband of only 6 months destroyed almost $10,000 worth of my personal property...can I ask for restitution in divorce and what is the likelyhood of actually getting it? Do I have any recourse at all?

+ Read More

Attorney answers 2

Posted

You certainly can and ask for restitution. The damages can be determined and deducted from what would have otherwise been his share of the settlement. If the items were actually your personal property that you brought into the marriage you may also try to file a criminal complaint; the offense would be malicious destruction of property, and with the losses you describe it would be a felony. Also, if there was an order directing the preservation of property the judge in the divorce case could find him to be in contempt, which would subject him to incarceration. If you have an attorney discuss this with him or her. If you don't your going to have to consider retaining one.

Asker

Posted

I did file a police report but the police said because there wasn't a,witness they couldn't charge him. My things were packed. bny him and put in garbage bags tied...in driveway and tranfered by movers to storage unit. Furniture was cut open and over $3,500 in clothes we sliced up.

Posted

In Mahoning County--your lawyer stands a strong likelihood of getting an Order for restitution--especially if you can establish the ownership of the items and their value, and can establish their destruction by the spouse. The Court's local rules generally prohibit the destruction of marital property--but these take effect after the case is filed and the pleadings are served. However--restitution is often possible--provided that you can establish proof of what the items were, who and when they were destroyed. Good Luck.

The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer