Barstow, CA asked in Divorce and Family Law for California

Q: My property distribution trial is in 5 months can I ask for my money and jewelry now and not wait till then it’s been 3y

So is there a way to get a hearing to get my money and my personal jewelry back before the house and our business trial in August. I have been patiently waiting for my money and jewelry and it’s taking a toll on my mental health and need access to my funds immediately and my separate jewelry back that my ex stole from me and now Dennis talking it in court under oath and then her lawyer gave me in writing that his client is willing to return my jewelry that I requested and now he’s also changed his story to he ment to say he will ask his client if she has my jewelry.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: If you have separate property, such as money or jewelry, that you believe was taken from you by your ex-spouse, you may be able to file a motion with the court to recover those items before the property distribution trial in August.

In California, you can file a motion for a temporary order, which is a court order that addresses specific issues before the final judgment is entered. A motion for a temporary order can be used to request that the court order your ex-spouse to return your separate property to you.

To file a motion for a temporary order, you will need to prepare the necessary paperwork and file it with the court. You will also need to serve the motion and any supporting documents on your ex-spouse.

It's important to note that the process of filing a motion and obtaining a court order can be complex, and it may be helpful to seek the assistance of an experienced family law attorney. An attorney can help you understand your legal rights and options and can represent you in court to help you recover your separate property.

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