Q: Can I get sole property back after divorce?
My divorce was finalized almost 2 years ago. She retained our primary residence, and the stipulation states that any items left in the home after my exit are hers. Items that were my sole personal property (mine before marriage, etc.) were left, and from the start we shared the understanding that she would return these items to me when she found time. She has since dragged her feet, though has acknowledged verbally and in writing that the items are my property. She has now changed her tune, and will not return the items, citing strict interpretation of the stip. These are items gifted to me, family "heirlooms", things from my childhood, etc. - nothing of great monetary value but of sentimental value. Do I have any basis for recourse at all, or do I just chalk it up to experience?
A: You have not only the Judgment working against you but also the delay. However, your situation is similar to so many and I would encourage you to take action. After weighing other factors and how legal action might effect your ongoing relationship with your former wife if any relationship does exist, you can file a motion within your divorce case seeking the return of the property. You could fill out the papers (attaching all the written correspondence, your declaration on the facts, and what you might have supporting that the items are your separate property) with your prior attorney, paralegal, or on your own and then pay a $40 filing fee. You might not prevail, but she might choose to simply return the items to you. Worse yet, she could claim that you already picked the items up - her response is uncertain, but you would know better.
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