3-yr Use & possession order expired

What is the name of your state?

The divorce was done in Maryland

My ex was granted custody of our 3 boys and was given use & possession of the family personal possessions for three years.

The 3 years was up in October.

Now what?

Thanks!\

Kip

[VeronicaGia]

What exactly does the court order say? Sometimes things like this are outlined in the court order, such as "after the expiration of three years, the home will be sold and proceeds will be split equally among the parties."

Read the court order and see if your answer is in there.

Hi, Thanks...

It doesn't address what is supposed to happen at the end of the 3 years, thus my question.

In addition to this provision, she was awarded "back" CS for a period during the separation, but prior to the divorce.

It would seem that I am entitled to half the value of the household goods.

What I would like to propose is that the value of my half of the personal property be applied to the back CS balance.

What do you think?

Kip

Not much unless you have such an agreement in writing and drafted by your attorney.

hexeliebe,

what is supposed to happen at the end of the 3 year period?

Kip

If I knew I'd tell you. However, since I don't have the decree in front of me I can't tell you.

[nextwife]

Is it just the Capricorn in me, or are we seeing a whole lot of poorly set-out divorce ageements? Folks who are supposed to get home equity, but the order has no time limit for the ex to sell? Folks who give up their interest, but there's no provision to refi them off the loan? She gets all of everything for three years and there is NADA set out about what happens after? Folks who get the car, but the ex is left making the payments, so when they default there's no car for them anyway?

Is everyone so shortsighted when they divorce that all they look at is when will I be single?

Actually,

This was one of the first badly contested divorces our judge did after obtaining her "judgeship". She made a number of decisions that really made no sense at all and didn't address a number of important areas...this being one of them.

I really am at a loss at this point.

Would it be ok to call her clerk and start asking questions, or it that direct contact not appropriate.

Thanks!

Kip

PS to "hexeliebe" ...you made two smart ass answers to two legitimate questions. I went through a 3-yr gut-wrenching, financially devistating divorce. I'm just looking for a little help with my question. Why don't you take the time to give a thoughtful reply or stay the hell out of the conversation. You were no help at all. Kip

[stealth2]

Did you have an attorney? I bet not, and that's why there is this problem. If you did - that's where you should be addressing the question.

But in all honesty - how is this something that neither of you thought of? If the divorce was that badly contested - what on earth made you think that she'd just split everything after 3 years?

Guys...it was a three-year long trial...of course I had an attorney...and a $37,000 legal bill. I relied on her experience and judgement. We are not speaking currently, and even if we were, I doubt I would believe her.

Would someone please answer my original question....

The three year U&P period is up. What happens at the end was not addresses in the decree.

What should I do now?

Thanks...

Kip

[stealth2]

What you need to do NOW is address it legally! Your order doesn't address it, so you need to take it to court. It really is that simple.

Finally! Thank you!

You said to handle it legally… I agree…but how, specifically?

Should I submit a motion asking the judge to rule on what happens now? Do I submit a motion asking for what I'd like to happen? (I'd like a ruling stating that I be awarded a judgment for 1/2 of the value of the property…I certainly don't want the stuff sold because my sons are using it, but I'd like financial credit for half of the value). or what???

What should my next step be?

Thanks again!

Kip

[stealth2]

Yep, that's pretty much it.

Hey stealth...

Which is pretty much it? There are two choices.

Which of the two is the better one?

Kip

[stealth2]

You need to file a motion to have something happen regarding disposition. It makes the most sense to present a plan that you'd like to see carried out. Then you'll have her served, and she'll have a chance to respond and potentially counter. You'll either settle or have the judge decide.