Separate property being held

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    • #3005

      Divorced since May 2015. Community property HOC was delayed many months by ex and when held it was a disaster, although he is the one that filed to settle the community. In the detailed descriptive list I filed of the community items there was included a separate list of my separate property and affidavits to these items. There has never been any objection made to these items by ex but yet he will not release items to me. This is items I had before our marriage and items given to me as gifts from my family during the marriage. There is family heirlooms also. No court order has been granted forcing him to release but there are text messages from his daughter to me that said they would put them together for pick up but that was 8 months ago. My attorney and I have been trying to handle this nicely because he always comes back with being ill or in hospital or something to delay my going get my belongings but I am tired of waiting. Should I not be able to seek criminal charges at this point since we are no longer married and he is holding my property and he has not denied my ownership of such ?

    • #3007

      Criminal charges would not work since all is tied up in a civil matter and the police love to be able to stay out of the fracas by saying “Sorry, this is a civil matter.”

      I would think the only way to proceed is to go back to court, say “these items are deemed admitted” as belonging to you and get an order to show cause why the ex has not turned these items over.

    • #3008

      Thanks Lex…. I kinda fiqured that was wishful thinking!

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