being sued for property but divorce decree said what I had was mine

[Yelsew2103]

Texas. I seperated from my ex-wife at the end of August 2008. We filed an uncontested divorce and it was final on Dec 15. Divorce papers simply state whatever property she had in her possession was hers to keep and what I had in mine was mine to keep. It also said that I kept the house since I was keeping the debt from it. It is now March 24th and her parents "attorney" has sent me a letter in the mail regarding a swingset. They payed $150 for a swing set for my backyard. It was a large one with a slide, 2 swings, and a "fort" structure on top. Once the divorce was final and it said all property I had was mine I sold the playset to a friend to pay some debt I kept. On Jan 27 my ex emailed saying they were coming to get the playset. Their lawyer said that I needed to reimburse them for the value of the swing set or give the swing set back. She moved out last week of August 08, divorce was filed Oct 15, divorce final Dec 15, her email sent Jan 27 of 09, their attorney sent Mar 19.

 

[justalayman]

ask them what they don't understand about each party keeping what is in their possession at the time of the decree?

 

[LdiJ]

Texas. I seperated from my ex-wife at the end of August 2008. We filed an uncontested divorce and it was final on Dec 15. Divorce papers simply state whatever property she had in her possession was hers to keep and what I had in mine was mine to keep. It also said that I kept the house since I was keeping the debt from it. It is now March 24th and her parents "attorney" has sent me a letter in the mail regarding a swingset. They payed $150 for a swing set for my backyard. It was a large one with a slide, 2 swings, and a "fort" structure on top. Once the divorce was final and it said all property I had was mine I sold the playset to a friend to pay some debt I kept. On Jan 27 my ex emailed saying they were coming to get the playset. Their lawyer said that I needed to reimburse them for the value of the swing set or give the swing set back. She moved out last week of August 08, divorce was filed Oct 15, divorce final Dec 15, her email sent Jan 27 of 09, their attorney sent Mar 19.

You may have goofed on the swingset.

It may not have been marital property therefore not subject to the divorce decree. Gifts given to children by extended family, for example, are NOT marital property...whether they end up being temporarily in your possession or not.

 

[nextwife]

You may have goofed on the swingset.

It may not have been marital property therefore not subject to the divorce decree. Gifts given to children by extended family, for example, are NOT marital property...whether they end up being temporarily in your possession or not.

Some swingsets are "attached to the real estate" once installed. Thus they become part of the property and get transferred with the property.

Was this a wooden or metal swingset?

 

[LdiJ]

Some swingsets are "attached to the real estate" once installed. Thus they become part of the property and get transferred with the property.

Was this a wooden or metal swingset?

It really doesn't matter too much one way or another. If it was portable enough for him to sell, it wasn't "attached" to the property.

 

[mistoffolees]

It really doesn't matter too much one way or another. If it was portable enough for him to sell, it wasn't "attached" to the property.

Furthermore, it doesn't matter because it's rather silly to be spending a lot of money on lawyers over a $150 swing set.

Tell the attorney you'll agree to pay the value which is one of the options he offered and send them $75 - which is more than enough for a used $150 swing set.

Heck, even if you pay the full $150, it's way cheaper than an attorney and spending months arguing over it.

 

[Ohiogal]

Furthermore, it doesn't matter because it's rather silly to be spending a lot of money on lawyers over a $150 swing set.

Tell the attorney you'll agree to pay the value which is one of the options he offered and send them $75 - which is more than enough for a used $150 swing set.

Heck, even if you pay the full $150, it's way cheaper than an attorney and spending months arguing over it.

I disagree. He shouldn't pay anything. The swingset was IN HIS POSSESSION at the time of the divorce. If the swingset mattered it would have been fought for during the divorce. It was not and was awarded to him.

 

[LdiJ]

I disagree. He shouldn't pay anything. The swingset was IN HIS POSSESSION at the time of the divorce. If the swingset mattered it would have been fought for during the divorce. It was not and was awarded to him.

So if a child's personal possessions were physically in his home at the time of the divorce, then they would have become his property? Or tools he borrowed from his inlaws were in his garage at the time of the divorce then they would become his property?

 

[Ohiogal]

So if a child's personal possessions were physically in his home at the time of the divorce, then they would have become his property? Or tools he borrowed from his inlaws were in his garage at the time of the divorce then they would become his property?

The swingset was given to the family most likely. It was NOT a loan like your tools example. And quite frankly, wifey should also owe inlaws HALF the cost if OP has to pay for it. She didn't argue that he shouldn't sell it or that it was a gift or that it was the children's and convince the court. The Court would have ruled on the issue if she had brought it up.

 

[mistoffolees]

I disagree. He shouldn't pay anything. The swingset was IN HIS POSSESSION at the time of the divorce. If the swingset mattered it would have been fought for during the divorce. It was not and was awarded to him.

Well, that's true, but my point was that paying for the swing set is far less expensive than paying for an attorney would be. Sometimes it makes sense to pick your battles.

 

[Ohiogal]

Well, that's true, but my point was that paying for the swing set is far less expensive than paying for an attorney would be. Sometimes it makes sense to pick your battles.

And quite frankly i would IGNORE the grandparents. Tell them to talk to their daughter about this issue.

 

[mistoffolees]

And quite frankly i would IGNORE the grandparents. Tell them to talk to their daughter about this issue.

He tried that and their attorney sent a letter telling him he owes something.

He can gamble on ignoring the letter. They may drop it or they may go to court and he could end up paying and he might pay their legal expenses, as well.

They can argue that the swing set was personal property because it was not attached to the house and the fact that they didn't get it right away doesn't change the daughter's property rights. It's not 100% clear that he'd win that argument.

He could settle it now by saying the value is $75 and paying it. Or, he could gamble and possibly end up paying more - but definitely taking time off work to go to court and so on.

Sorry, but the aggravation and risk isn't worth $75 to me. Or even $150.

 

[justalayman]

since when can children own personal property? I was taken to task quite strongly when I defended a minors right to keep their income from a job while most here simply said the parent can take possession of all a minors property.

 

[Zigner]

Frankly, I'm willing to bet the $150 was a typo - $1,500 I could believe...but not $150