How do I deal with property that does not exist in the divorce decree?

Question: How do I deal with property that does not exist in the divorce decree?

My ex-wife’s attorney drafted our consent decree, which was entered in April of 2010 . An automobile , which my ex – wife had possession of , was confirmed as my sole and separate property in that decree . However , the car was never turned over to me and I found out that she had abandoned the vehicle ( who knows where ) long before the decree was entered . There is a current modification case underway under the same case number . Her attorney ignores me whenever I bring this up . How do I get this handled and find out what happened to the car ? I really need that car . I have lost three job opportunities, because I don’t have a car .

Answer:

The current Modification Action will not address this issue. You will need to file a separate Enforcement Action regarding the car.

You will need to file an Enforcement Action to force her to pay you fair market value for the car at the time she signed the consent decree.

If the judge finds that she signed the Consent Decree after abandoning the vehicle and failed to disclose same, you may be able to get her to reimburse you for your attorneys fees and costs as well.

Her attorney is her attorney. He will not assist you.

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

To read more of Phoenix divorce law attorney Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at Sampair Group.
West Valley: 623.218.1000
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