Atlanta, GA asked in Divorce, Family Law and Small Claims for Georgia

Q: What action can I take to get my cellphone back from my ex and compensation for the service plan as well

My wife left over a year ago. Shortly after I allowed her to use the phone and now she refuses to return it. I've paid a years worth of service and a monthly lease payment on the phone. It's a galaxy note 9 not a cheap phone.

2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: If you are still married, you have no recourse. The phone is marital property and she has every right to use it. She is not going to have to pay for the service, either. If you wish to end the marriage and separate finances, you need to file for divorce.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. Are you still married? If so, it would be considered marital property. You could try asking her to give it to you and see if she will comply. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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