he's claiming my property is his now

[charlotteisme]

What is the name of your state (only U.S. law)? Oregon

my divorce papers say "each party will within 30 days of judgment, execute, acknowledge, and deliver any and all documents and instruments necessary to complete the transfer of any property as ordered in this judgment of dissolution. This judgment will operate to convey title to the party to whom such property is awarded if the other party fails to comply with this provision."

so my ex said that all the big stuff i was awarded that i couldn't transport, i could just leave at our house that he would be living in until i was able to come and get it. so now that i'm ready to pick it up, he wont give my property to me because it's been more than 30 days. can he do that?What is the name of your state (only U.S. law)?

 

[Silverplum]

What is the name of your state (only U.S. law)? Oregon

my divorce papers say "each party will within 30 days of judgment, execute, acknowledge, and deliver any and all documents and instruments necessary to complete the transfer of any property as ordered in this judgment of dissolution. This judgment will operate to convey title to the party to whom such property is awarded if the other party fails to comply with this provision."

so my ex said that all the big stuff i was awarded that i couldn't transport, i could just leave at our house that he would be living in until i was able to come and get it. so now that i'm ready to pick it up, he wont give my property to me because it's been more than 30 days. can he do that?What is the name of your state (only U.S. law)?

It sure looks like he can, given the language of your decree.

 

[Ohiogal]

It sure looks like he can, given the language of your decree.

Actually that is not what it says. It may be what it looks like and I understand why you think that way but that is not what it says. Let us break it down

my divorce papers say "each party will within 30 days of judgment,

Thirty days from the judgment

execute, acknowledge, and deliver any and all documents and instruments necessary to complete the transfer of any property as ordered in this judgment of dissolution.

What property has TITLE or deeds associated with it? Did you have a house or car that needed refinanced or have the deed signed over for it? Each of you should have signed all the paperwork and acknowledged all the documents and such necessary so that ownership could be transferred.

This judgment will operate to convey title to the party to whom such property is awarded if the other party fails to comply with this provision."

If that is not done in 30 days, then the judgment forces the hand and states that for example the house is owned by husband even if wife didn't sign the quit claim deed and she has no rights to it.

For smaller property -- a piano or tool box that does not have deeds, she is still granted it. If the judgment awarded her a piano she still owns it. He has to let her have it. She didn't abandon it. He has to let her have it. The judgment granted it to her and acts as a title if one is needed. So what is listed in the judgment that is supposed to be hers? It is still hers without him signing anything. Tell him to hand it over or you will go back to court.

 

[Silverplum]

OG, I totally see your point and concede to your lawyerliness!

 

[charlotteisme]

it's stuff like a bed, futon, table and chairs, subwoofer, rocking chair, tv, and the kicker is "use of the surfboards". he refused to let me have them, but he said i could use them.

nothing that ownership would be signed for like titles, etc. he got all that.

 

[Ohiogal]

OG, I totally see your point and concede to your lawyerliness!

I just hope you know I wasn't trying to be a smart ass but I see exactly where you were getting your interpretation. It would be easier if we attorneys would just speak English and not lawyerese.

 

[Silverplum]

I just hope you know I wasn't trying to be a smart ass but I see exactly where you were getting your interpretation. It would be easier if we attorneys would just speak English and not lawyerese.

Of course I know -- and I like to learn!

I can totally see where I went wrong -- and now I'm (even!) smarter.

 

[charlotteisme]

Re:

so here's my delimma...

he is saying that since i did not get my stuff within the alloted 30 days, he sold it. so where does that leave me?

 

[mistoffolees]

so here's my delimma...

he is saying that since i did not get my stuff within the alloted 30 days, he sold it. so where does that leave me?

You have to go back to court. If the items were given to you by the decree, you can ask the judge to have him replace them (although the judge is more likely to simply order him to pay you what he sold them for - which may very well not be worth the trouble).

If the items were not specifically given to you in the decree, it's probably more trouble than it's worth.

 

[charlotteisme]

so I'm not really sure how to make that happen if we filed pro-we and never appeared before a judge. is it out of the question to maybe have an officer escort me there (since he said he would call the cops if I showed up on his property) and tell him he needs to give me whats mine?

 

[mistoffolees]

so I'm not really sure how to make that happen if we filed pro-we and never appeared before a judge. is it out of the question to maybe have an officer escort me there (since he said he would call the cops if I showed up on his property) and tell him he needs to give me whats mine?

You could try. However, that's only going to work if the court order is very specific on what is your property and what isn't. If it says you get 'the bed', how is the officer supposed to know what's yours?

If he is unwilling to give it up, you could file to have him held in contempt of court. However, keep in mind what I said earlier. The value that they use is resale value (garage sale prices), so unless there's something fairly valuable there, it may not be worth the trouble.