My soon to be ex husband had moved out and in with his at the time.girlfriend he took the washet and dryer the tv and dresser. She had recently broke up.with him and kicked him out. We have a pre trial hearing for divorce in a week and I have asked him for these things in the divorce and he has agreed to give them to me. His ex is refusing to give him our marital property. I plan to ask for these things in our divorce hearing but how can I go.about getting these things from.her home? Will the judge be able.to.help?
The divorce court has jurisdiction over you and your husband and not any third parties. If his ex girlfriend refuses to return items that are not hers, he will need to start a small claims action for the return of the items.
You need to stay away from the ex-girlfriend. Your going there is asking for trouble. If the agreement is that he is to turn over the items to you, then it falls on him to get the items from her, either voluntarily, or like the previous answer indicated, by a replevin action. If he fails do so, he could be in contempt in family court for not complying with the divorce decree.
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