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Destruction of personal property in divorce

Youngstown, OH |

I'm starting divorce process. I have a protection 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?

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Attorney answers 2


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.



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 driveway and tranfered by movers to storage unit. Furniture was cut open and over $3,500 in clothes we sliced up.


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.

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