It's My Stuff

In the divorce decree I gave my Ex the house. My name is still on the house and the mortgage. he has until November,2000 to refinance and remove me from any liability.

My question: I still have personal items at the house that I would like to get. My Ex will not allow me to go to the house, What are my rights, Can I go to the house without his permission?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nadine924:
[b]In the divorce decree I gave my Ex the house. My name is still on the house and the mortgage. he has until November,2000 to refinance and remove me from any liability.

My question: I still have personal items at the house that I would like to get. My Ex will not allow me to go to the house, What are my rights, Can I go to the house without his permission?[/b]<HR></BLOCKQUOTE>


My response:

You shall not go to the house without permission to enter. That's trespassing and perhaps, breaking and entering - - both criminal counts. You have the right to sue him in Small Claims court for the fair market value of the items. A Small Claims court does not, however, have the jurisdiction to award "specific performance" - - that is, to order him to "specifically" turn over your "stuff." The court can only award you monetary damages - - the fair market value of the items. On the other side of the coin, suing him might be the ticket to getting your stuff turned over to you. He may just decide that being sued is a lot harder to deal with than merely, and voluntarily, allowing you access to get your stuff. But, in any event, it looks like you'll have to take the first step.

IAAL

IAAL


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[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nadine924:
[b]In the divorce decree I gave my Ex the house. My name is still on the house and the mortgage. he has until November,2000 to refinance and remove me from any liability.

My question: I still have personal items at the house that I would like to get. My Ex will not allow me to go to the house, What are my rights, Can I go to the house without his permission?[/b]<HR></BLOCKQUOTE>

I am curious why you did not sort this out during the divorce hearing.. ?