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Originally Posted by krosburg What is the name of your state (only U.S. law)? Minnesota
My divorce is final and I am no longer represented by counsel. We were both ordered not to sell any belongings without the other's consent. How do I go about stopping her from removing it from the home or selling it? She claims it's business product, but it's in her home and I want documentation of everything sold. She is a designer who sells furniture and accessories. We are oredered to binding arbitration and she is trying to remove everything this next week to a "fire sale" location. I feel there will be no way of accounting for the items or the sales proceeds if she is successful in moving it. Can I get an order restraining her from removing it. She does not normally sell her items retail so this is by no means her normal business practice. I know she ownes most of the items and that they were not part of her inventory. |
You have several options. You can take photographs of everything and then ask her to account for the sales value. Or you can go to court to get the existing order enforced.
However, you may not be on as strong a position as you think. If the order says that she may not sell personal property and this is business property, the order is irrelevant. It's also irrelevant whether she normally sells retail or if this is a one-time deal to raise money. If it's business property, it is NOT personal property.
Of course, business property COULD be marital property, anyway, depending on the circumstances, but it's not going to be automatically covered by the order covering personal property.