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One of the biggest parts of a divorce is the division of marital community property. Negotiating a settlement agreement is complex because there are so many things to take into account, everything from your 401k to the silverware. Once you have agreed how to divide up everything you jointly own, or the court has done it for you, you will feel relieved to have that part of the process behind you. However, deciding it and doing it are two different things.
If you are staying in the marital home, you probably already have most of the personal property that you were granted in the divorce, however your spouse may have taken some of these things with him or her and you need them back. If you have moved out, you probably left without some of the things that are now legally yours. Getting back the things that are rightfully yours can be challenging. Finalizing the division of these assets should not be put off into the future. Often things have a way of disappearing over time.
The first step to sorting everything out is to be cooperative and suggest dates and times when belongings could be removed or brought back. In general, you want to be there and don’t want to trust your ex to come into your home without you there. If you aren’t able to be civil with each other, you could ask a friend to stand in for you at the exchange. If your ex is giving you the runaround and won’t return your calls, let alone agree to a time to return things, it can be helpful to ask a friend or family member to try to arrange it.
If you can’t make any headway on getting your belongings back, call your attorney who can contact your ex’s attorney and set up a date for things to be returned. If your ex still won’t cooperate, your attorney can ask the court to enforce the divorce decree and make your ex return the items or face sanctions from the court, including payment of your attorney’s fees for having to go to Court.
The dedicated attorneys at the Sampair Group handle divorce and post-decree modification in Maricopa County, Arizona. Your case matters to us. Make an appointment today.
