How to enforce a martial agreement / order of protection

[outlawstar]

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

So my divorce was granted at the end of Dec 2013. I have been trying to get my ex to sign over the deed as agreed upon in the divorce. She finally said ok and met me at a notary then in front of the notary she threw a fit about how she needs to review this before she sign and so forth. I said if you wanted to review it you should have asked me to send you a copy before bringing me all the way out here and dating and signing in front of the notary. She storms out.

I collect the paperwork and leave as well. She harasses me in the parking lot and I refused to talk to her and then she started to threaten me about the dogs and how she was going to go to my house and take them today. She said she was going to call the cops. Long story short she follows me home and calls the cops. I went through it with the cop (short version) and he said "Can she take them for a few hours" to which I say "No" and he says "Have a nice day".

Now my question is do I file a affidavit of contempt to get her to sign over the deed as ordered by the Judge?

Also, can I get a copy of the police report and file an order of protection as I don't want her to follow me to my house again or have her try to take the dogs or do I need to wait for her to do something like this again after this incident?

Any insight in this matter would be greatly appreciated.

Thanks.

 

[latigo]

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

So my divorce was granted at the end of Dec 2013. I have been trying to get my ex to sign over the deed as agreed upon in the divorce. She finally said ok and met me at a notary then in front of the notary she threw a fit about how she needs to review this before she sign and so forth. I said if you wanted to review it you should have asked me to send you a copy before bringing me all the way out here and dating and signing in front of the notary. She storms out.

I collect the paperwork and leave as well. She harasses me in the parking lot and I refused to talk to her and then she started to threaten me about the dogs and how she was going to go to my house and take them today. She said she was going to call the cops. Long story short she follows me home and calls the cops. I went through it with the cop (short version) and he said "Can she take them for a few hours" to which I say "No" and he says "Have a nice day".

Now my question is do I file a affidavit of contempt to get her to sign over the deed as ordered by the Judge?

Also, can I get a copy of the police report and file an order of protection as I don't want her to follow me to my house again or have her try to take the dogs or do I need to wait for her to do something like this again after this incident?

Any insight in this matter would be greatly appreciated.

Thanks.

First you say "as agreed upon in the divorce". Then "as ordered by the judge". Which is correct? If she was not ordered to do so, how could she be found in contempt of a non existent order?

Anyhow sounds like this divorce was being managed by someone's seat of the pants. Because the squabble could easily have been avoided if the decree expressly awarded you the property as your sole and separate estate. THEN a certified copy of the decree, or an abstract thereof, could be recorded the same as a deed.

If not directly ordered to execute and deliver you a quitclaim deed to the place, you may need to do an affidavit/motion for a nunc pro tunc order. (Look it up!)

If she was so ordered, then you may need to file an affidavit/motion for the issuance of an order to show cause directing her to appear before the and show cause why she should not be held in contempt for disobedience of that order and to execute the deed in the presence of the judge. AND be taxed for your lawyer expenses in causing such foolishness.

Note that I use the word "may" advisedly because I'm not qualified to speak with great authority on New York's procedural rules. But that is the way it works in this afar neck of the woods. (Besides professor Berman that taught us the subject in law school was fresh from the Big Apple. After a few weeks we began to fairly understand one another.)

Of course you could part with some change and have this rectified professionally.

 

[Ohiogal]

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

So my divorce was granted at the end of Dec 2013. I have been trying to get my ex to sign over the deed as agreed upon in the divorce. She finally said ok and met me at a notary then in front of the notary she threw a fit about how she needs to review this before she sign and so forth. I said if you wanted to review it you should have asked me to send you a copy before bringing me all the way out here and dating and signing in front of the notary. She storms out.

I collect the paperwork and leave as well. She harasses me in the parking lot and I refused to talk to her and then she started to threaten me about the dogs and how she was going to go to my house and take them today. She said she was going to call the cops. Long story short she follows me home and calls the cops. I went through it with the cop (short version) and he said "Can she take them for a few hours" to which I say "No" and he says "Have a nice day".

Now my question is do I file a affidavit of contempt to get her to sign over the deed as ordered by the Judge?

Also, can I get a copy of the police report and file an order of protection as I don't want her to follow me to my house again or have her try to take the dogs or do I need to wait for her to do something like this again after this incident?

Any insight in this matter would be greatly appreciated.

Thanks.

So did you refinance so that your ex is no longer on the mortgage?

 

[stealth2]

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

So my divorce was granted at the end of Dec 2013. I have been trying to get my ex to sign over the deed as agreed upon in the divorce. She finally said ok and met me at a notary then in front of the notary she threw a fit about how she needs to review this before she sign and so forth. I said if you wanted to review it you should have asked me to send you a copy before bringing me all the way out here and dating and signing in front of the notary. She storms out.

Only a fool would sign legal paperwork w/o reviewing it. And someone who expects it likely has a reason for wanting to avoid the scrutiny. Hopefully, she has an attorney review whatever you drew up before she does sign it.

 

[Bali Hai]

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

So my divorce was granted at the end of Dec 2013. I have been trying to get my ex to sign over the deed as agreed upon in the divorce. She finally said ok and met me at a notary then in front of the notary she threw a fit about how she needs to review this before she sign and so forth. I said if you wanted to review it you should have asked me to send you a copy before bringing me all the way out here and dating and signing in front of the notary. She storms out.

I collect the paperwork and leave as well. She harasses me in the parking lot and I refused to talk to her and then she started to threaten me about the dogs and how she was going to go to my house and take them today. She said she was going to call the cops. Long story short she follows me home and calls the cops. I went through it with the cop (short version) and he said "Can she take them for a few hours" to which I say "No" and he says "Have a nice day".

Now my question is do I file a affidavit of contempt to get her to sign over the deed as ordered by the Judge?

Also, can I get a copy of the police report and file an order of protection as I don't want her to follow me to my house again or have her try to take the dogs or do I need to wait for her to do something like this again after this incident?
Any insight in this matter would be greatly appreciated.

Thanks.

If the orders require her to sign over her interest in the house, yes you should file a motion for her to show cause.

Personally, I would ask for a PO. The woman doesn't sound stable.

 

[single317dad]

In order to have grounds for an order of protection, you must claim that the respondent committed one or more of 17 "family offenses" against you:

http://www.nycourts.gov/forms/familycourt/pdfs/8-2.pdf

The definition of "disorderly conduct", for example, may apply:

§ 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.

That said, keep in mind that once an order of protection is in place, she won't be able to communicate with you anymore, so all communication regarding the property will probably have to go through attorneys.

Were the dogs assigned to you in the divorce settlement and court order? If so, and she takes them, you call the police and file a report for theft of your property. If not, on what grounds do you claim the dogs to be solely yours?

 

[outlawstar]

Thanks for all the advice.

As far as the home goes she was never on the mortgage just the deed, and in the settlement and the granted divorce I was given exclusive rights to the property. I just need her to sign the deed over. The paperwork for the deed is less than a page and it is very simple just stating what the house is location and transfer from her and I to just myself.

With the dogs the settlement stated she was to take them. However, when she left she did not take them and in the past 9 months has made no interested in taking them or their care. It was only when I started on the deed was when she started to threaten trying to take them. Correct me if I am wrong, but dogs are personal property and at this point in time would be considered abandoned by her, no? I have been taking care of them food medical etc, I have taken possession of them after she left them behind.

Thanks again.

 

[LdiJ]

Thanks for all the advice.

As far as the home goes she was never on the mortgage just the deed, and in the settlement and the granted divorce I was given exclusive rights to the property. I just need her to sign the deed over. The paperwork for the deed is less than a page and it is very simple just stating what the house is location and transfer from her and I to just myself.

With the dogs the settlement stated she was to take them. However, when she left she did not take them and in the past 9 months has made no interested in taking them or their care. It was only when I started on the deed was when she started to threaten trying to take them. Correct me if I am wrong, but dogs are personal property and at this point in time would be considered abandoned by her, no? I have been taking care of them food medical etc, I have taken possession of them after she left them behind.

Thanks again.

Nope, if she was granted the dogs in the divorce and you, at any time, refused to give them to her, then you are also in contempt of the court order.

 

[outlawstar]

Nope, if she was granted the dogs in the divorce and you, at any time, refused to give them to her, then you are also in contempt of the court order.

I will find it hard to believe that I have been running a free kennel for the past 9 months.

 

[Bali Hai]

I will find it hard to believe that I have been running a free kennel for the past 9 months.

Her actions during the past 9 months strongly suggest that she doesn't want the dogs at all until she flies into a rage.

 

[Bali Hai]

Nope, if she was granted the dogs in the divorce and you, at any time, refused to give them to her, then you are also in contempt of the court order.

That would be for a judge to decide.

 

[Rwedunyet]

Seniors, Would the following apply here?



http://www.weblaws.org/new_york/laws/n.y._agriculture_and_markets_law_sec._331

Agriculture and Markets Law

Section 331:
Abandonment of certain animals

An animal is deemed to be abandoned when it is placed in the custody of a veterinarian, veterinary hospital, boarding kennel owner or operator, stable owner or operator, or any other person for treatment, board, or care and:
1.

Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period and a notice to remove the animal within ten days thereafter has been given to the person who placed the animal in such custody, by means of registered letter mailed to the last known address of such person, or:
2.

Having been placed in such custody for an unspecified period of time the animal is not removed within twenty days after notice to remove the animal has been given to the person who placed the animal in such custody, by means of a registered letter mailed to the last known address of such person.
3.

The giving of notice as prescribed in this section shall be deemed a waiver of any lien on the animal for the treatment, board or care of the animal but shall not relieve the owner of the animal removed of his contractual liability for such treatment, board or care furnished.

 

[not2cleverRed]

I will find it hard to believe that I have been running a free kennel for the past 9 months.

If you love the dogs, then you've not been running a kennel.

If you feel like you've been running a free kennel, then just let her take them. What's the point of complaining that she left them, if you won't let her take them?! Keep up your end of the deal in the agreement and at least one of you will bear some semblance of being agreeable.

And why didn't you send her copies of the paperwork beforehand anyhow?

 

[outlawstar]

If you love the dogs, then you've not been running a kennel.

If you feel like you've been running a free kennel, then just let her take them. What's the point of complaining that she left them, if you won't let her take them?! Keep up your end of the deal in the agreement and at least one of you will bear some semblance of being agreeable.

And why didn't you send her copies of the paperwork beforehand anyhow?

I love the dogs and I am not saying it feels like I am running a free kennel. My point with that comment was that she could just leave them here as long as she wants and pick them up (like I am a kennel which would care for them and she can come and go as she pleases)

She has all copies of the paperwork that was done beforehand. I have not tried to keep anything from her. After she left I have no forwarding address for her and I even had a mutual friend try to give her the final divorce paperwork (her copy as required) and she refused to take possession of them.

 

[LdiJ]

I will find it hard to believe that I have been running a free kennel for the past 9 months.

You stated that your divorce was granted at the end of December 2013. That means that the judge did not sign off on it before that date. Therefore nothing was official until that date...not your ownership of the house nor her ownership of the dogs. It appears that you have told her no about picking up the dogs at least once, if not several times since that date. You even told her no when she called the cops (who by the way, have no decision making power in that circumstance because its a civil matter).

You have never given her notice to pick up the dogs by a certain date or you will consider them abandoned.

I am trying to make you understand that your hands are not clean here either, and that is going to hurt you. If you want to get her signing the quit claim accomplished by filing for contempt, you have to expect that she will counterclaim for contempt for you not releasing the dogs to her. If she tells the judge that she even called the cops and you refused to release the dogs...who do you think that the judge is going to consider to be the bad guy? Unless she is stupid she is going to tell the judge that you tried to force her to sign a quit claim deed that she had no time to read first, and then will tell her side of the story regarding the dogs. You cannot tell the judge that you have actively asked her to pick up the dogs and she has refused, because you HAVE NOT done so. You haven't done so because you love the dogs and you really want to keep them.

I am not unsympathetic to you. I am trying to make you understand that you need to have clean hands if you really want things to go your way.