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return property after 5 yrs divorced?

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tnkimala

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

What is the legal presidence for personal property of my ex left behind 5 years after our divorce? It is junk: rusty tiller that doesn't work, etc.

I already got him on criminal charges for taking the shed door off by the frame and removing what he say fit. The tiller was not in the shed.

All this began when I gave my daughter the car he had to buy for me.
We divorced 5yrs ago last July. I live 75 miles away for 3 yrs now.
 


Bali Hai

Senior Member
What is the name of your state (only U.S. law)? TN

What is the legal presidence for personal property of my ex left behind 5 years after our divorce? It is junk: rusty tiller that doesn't work, etc.

I already got him on criminal charges for taking the shed door off by the frame and removing what he say fit. The tiller was not in the shed.

All this began when I gave my daughter the car he had to buy for me.
We divorced 5yrs ago last July. I live 75 miles away for 3 yrs now.
Your case is far too complicated for an internet site forum. Contact your nearest FBI office.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? TN

What is the legal presidence for personal property of my ex left behind 5 years after our divorce? It is junk: rusty tiller that doesn't work, etc.

I already got him on criminal charges for taking the shed door off by the frame and removing what he say fit. The tiller was not in the shed.

All this began when I gave my daughter the car he had to buy for me.
We divorced 5yrs ago last July. I live 75 miles away for 3 yrs now.
It's rusty junk and doesn't work? Notify him (in writing) that he has 15 days to pick it up or you're going to have it hauled to the landfill. Then do it.
 

tnkimala

Member
what would I say?

Your case is far too complicated for an internet site forum. Contact your nearest FBI office.
why would the FBI be interested in one divorce?
Politics and money always win.
I thought I would because it was wrong. I was wrong.

My question is: How can a judge overturn the divorce decree in 2009 that was final in 2004, signed, stating all personal property is settled?
 

Hisbabygirl77

Senior Member
why would the FBI be interested in one divorce?
Politics and money always win.
I thought I would because it was wrong. I was wrong.

My question is: How can a judge overturn the divorce decree in 2009 that was final in 2004, signed, stating all personal property is settled?
That would be sarcasm
 

LdiJ

Senior Member
why would the FBI be interested in one divorce?
Politics and money always win.
I thought I would because it was wrong. I was wrong.

My question is: How can a judge overturn the divorce decree in 2009 that was final in 2004, signed, stating all personal property is settled?
Look, you are not being clear at all with your questions. Did a judge overturn the divorce decree? Give us enough information to actually answer your question.
 

tnkimala

Member
Judge's order

The judge ordered me to return "anything else" to my ex, five years later. (2004-2009)

He was found guilty of criminal trespass in the state where the property is located. He broke in the shed last summer (2008) stating he never signed the quitclaim. He was angry at me for giving my divorced daughter the car I was awarded in the divorce. He had bought a new home and wanted now wanted the wood stove left in storage since 1991, plus he got "what he wanted". He saw an old tiller of ours in my back yard last summer (2008)when with my daughter. I brought it to my new home to see if it was repairable.

He filed for me to take over car payments, I filed for money never paid of his ordered divorce debt, and it began last October. The judge ruled to deduct what he paid over what was ordered from what he owed that I paid off,

PLUS return the tiller "and anything else."

The shed is 20x40 with a roof falling in, items stored since 1991. He and I both went up there before the divorce. I let him have the mobile home, but the KY land was mine. He had access to the property until the mobile home was moved a year later. Our home was in TN. I was very detailed about ensuring nothing of his was left behind, not even a photo related to him, but alas, I have run across a box here and an item there which I tried to return. In the past, he either got it, or told me he didn't want it. I still have the bike he didn't want.

So how do I handle this vague order? The property is 75 miles away. I work two jobs and help care for grandchildren living with me.

Why was I told to contact the FBI?

The Circuit Court Clerk's office is connected to my ex's girlfriend.

The first words out of my lawyers mouth after court were, the clerk wishes to speak to you about the issue of your ex's girlfriend harrassment charge.
The clerk in the court room leaned over before I even stood up from my chair in front of the judge and asked about the correct spelling on my deed and my back taxes. What does my deed and taxes have to do with my divorce?

Is this a public corruption case or am I just gonna drown in politics and money?

I know, too many questions. How can a judge order me to return items my ex now decides he wants five years later? Should all divorces include a letter about get it now or forget it? He was told by the mediation lawyer that we signed saying our personal property is settled.

So someone divorced for years can find out they forgot something, and get it, illegally then legally?
 

mistoffolees

Senior Member
How can a judge order me to return items my ex now decides he wants five years later? Should all divorces include a letter about get it now or forget it? He was told by the mediation lawyer that we signed saying our personal property is settled.

So someone divorced for years can find out they forgot something, and get it, illegally then legally?
Ignoring all the rambling....


If one person claims that something in the decree was unclear, they can go back and ask the court for clarification.

Or, perhaps it WAS clear and you had not complied so the judge ordered you to follow through with what he ordered 5 years ago.

It's impossible to say exactly what happened with all the rambling and irrelevancies in your story, but those are 2 ways that a judge can make an order years after a case is closed.
 

tnkimala

Member
no rambling

after 5 yrs divorced, no issues, my ex decided he forgot to get an old rusty not working tiller in his personal property.

The judge ordered me to return it and anything else. (5 yrs after divorced)

How did this happen? How can I protect myself from it happening again?
Is there a way to give notice for my ex to get anything or forget it?
 

mistoffolees

Senior Member
after 5 yrs divorced, no issues, my ex decided he forgot to get an old rusty not working tiller in his personal property.

The judge ordered me to return it and anything else. (5 yrs after divorced)

How did this happen? How can I protect myself from it happening again?
Is there a way to give notice for my ex to get anything or forget it?
I already told you how it would happen.

You have a court order to return it, so return it.
 

TinkerBelleLuvr

Senior Member
Look up the term bailment - that covers this situation.

With that said, you send a letter both regular mail and certified giving the X a specified amount of time to identify any other items that may be in your possession. Make sure that it states that if anything else remains, it can be considered abandonned at such time.

After that, I would clean that shed out so that he can't come up with any further excuses to trespass.
 

tnkimala

Member
Thank you

Finally, an intelligent, usefull and well articulated answer!
Why most on this site feel the need to chastize is beyond me?

Thank you Tinkerbelluver

I will type a formal letter.

I am also typing a signature of receipt of items ordered.

I appreciate your respectful and tactful reply.
 

tnkimala

Member
Ignoring all the rambling....


If one person claims that something in the decree was unclear, they can go back and ask the court for clarification.

Or, perhaps it WAS clear and you had not complied so the judge ordered you to follow through with what he ordered 5 years ago.

It's impossible to say exactly what happened with all the rambling and irrelevancies in your story, but those are 2 ways that a judge can make an order years after a case is closed.

My ex was not claiming decree unclear, nor had I failed to comply!!!!
The ex decided he wanted something he had not previously wanted after 5yrs and made the judge think I kept it from him.

It is all about my ex claiming he didn't get items forgotten or not wanted until now! My word against his that he didn't want them at the time of the divorce.
 

Bali Hai

Senior Member
My ex was not claiming decree unclear, nor had I failed to comply!!!!
The ex decided he wanted something he had not previously wanted after 5yrs and made the judge think I kept it from him.

It is all about my ex claiming he didn't get items forgotten or not wanted until now! My word against his that he didn't want them at the time of the divorce.

How is that formal letter and signature of receipt of items ordered that you are typing coming along?
 

tnkimala

Member
signature for receipt of items

The undersigned, Attorney __name_or his representative, acknowledges that
_tnkimala___ has returned the following items,
per the order of Judge ________ ruling in case #__ on Month day, 2009:

Item 1. ___dolly_________________

Item 2. ___tiller_________________

Item 3. ____roofing brackets_______

*Box with diploma, picture, cap & gown were disposed of after three attempts to return.
Last date attempted was in courtroom on July 9, 2009.


_____ Please be hereby notified: All other items, concerning those of involuntary bailment, were expressed as unwanted by __vendictive ex__, and will be considered abandoned if not claimed within 14 days of this receipt.

This delivery of items is full and complete, and fully satisfies the order of Judge _____________.


Signature___________________Date____

Attorney ________________________
(print name)

Witness_______________Date_____
 

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