Fort Mill, SC asked in Divorce, Family Law and Arbitration / Mediation Law for South Carolina

Q: Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Does my ex have a claim to personal property after signed close sent agreement and finalized divorce?

Section of the consent agreement in question:

20. Other Property. Father shall pay directly to Mother, One Hundred Thirteen Thousand Eight Hundred Eighty-Four Dollars and Fifty Cents ($113,884.50) to reflect Mother's one half (1/2) portion of the marital estate. Except as set forth above, the parties have divided, and each received their share of all other items of property of their marriage to their mutual satisfactions and each shall keep as their own property free and clear of any claim or interest of the other those items of property now in their respective possession. In the event there is a disagreement as to the division of the personal property, the parties shall attend arbitration with a licensed attorney to decide the division of the property in question.

1 Lawyer Answer
Christopher Biering
Christopher Biering
Answered
  • Criminal Law Lawyer
  • Moncks Corner, SC
  • Licensed in South Carolina

A: For a comprehensive answer to your question, a review of the entire agreement would be required. The clause presented alone suggests that personal property is still subject to being divided. It would also be important to know the time that has elapsed since the divorce, and whether previous trips to retrieve personal property from you.

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