• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unequitable Division of Property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

skyspirit

Member
What is the name of your state? Ohio

My boyfriend just got his house back as part of his divorce settlement. He and his ex had not settled on what contents of the house would go to whom. I suggested that he take someone with him when he went through the house the first time after getting it back--like a baliff, and he did. He also took his uncle, a digital camera, and a video camera. Upon entry, he found nearly EVERYTHING gone. She left him the couch (which she ripped up) and the loveseat. They both stink to high heaven. She left him the TV, but the tube is going out in it. It was on when they went in the house. His personal items are gone. His tools are gone. She left a few items from the garage, but threw them out in the rain and now they're all ruined. His father, brother, and uncle also had stuff stored in the garage. He padlocked it before he left, but she took the lock off. His dad's tools are mostly gone, along with the contents of his print shop. His brother and uncle are also missing their things. She threw out all his high school stuff, like his cap and gown. (Thank goodness I had his yearbooks!) All the household items (dishes, curtains, rugs, washer, dryer, freezer, fridge....) EVERYTHING is gone.

He sat down and made a list of everything that is gone. He also made a list of all the damage done to the home. There are holes in the walls and the window and frame were taken out of one window. The baliff saw the damage done as well. There is dog crap all over the place and it is infested with fleas.

What is the court going to say about this? Will he be able to recover any of the marital property? So far, she's been able to do and take whatever she wants with no reprocussions. His attorney is going to file contempt for everything at once. What can he expect?

Thanks.
Sky
 


skyspirit

Member
Update

I know this has been a while since I posted this, but I have a few questions related to this case.

First off, this is now my husband.

Secondly, he took his ex to court over the marital property. She lied thru her teeth, and the magistrate bought it. No contempt. I have lost all faith in our court system over this!

My husband also brought up the non-payment of the van. She was awarded alimony--and in the judge's own handwriting on the alimony worksheet, she gives a breakdown of where the alimony is to go: rent and van payment.
Needless to say, she's never made a van payment and now it is in repo. We've (The bank, the repo company, and us) have been looking for the van for almost a year. She has it hidden in a garage somewhere and will not relinquish it. The magistrate did not comment on the van in his findings, altho it was brought up at the contempt hearing. The magistrate FORCED my husband to sign the memorandum title so she can plate it. (The loan is still in his name) He told the magistrate that he did not wish to sign and that he was doing so under duress. So---now she has the van registered and titled in my husbands' name, the loan in my husband's name--AND NO INSURANCE.

I got a call on Friday from the insurance lady who said his ex showed up over there DEMANDING to be put on his policy. She of course said Hell No. She said his ex was reaking of alcohol and was visibly drunk and/or on drugs. SWELL. That leaves us at a huge liability because we cannot afford to pay full coverage on the van that his ex drives drunk.

What can we do about this??? So far, the courts have done nothing but support her acts of contempt, and the attorney says its just "good money chasing bad money" to take her to court again.

Also---my hubby was ordered to pay her X amount of equity in the house. He was to refinance the house and pay her off. Due to her not making the van payment and the van going to the repo dept, the interest rate on a refi is thru the roof (even tho he's supposed to be held "harmless" --he isn't) and at that rate of interest, it would nearly DOUBLE the payments on the house. Because of the amount of alimony he has to pay, we cannot afford this.

Here's the twist. There is also a QDRO for his 401K. She's entitled to X amount as of the divorce date. She has never cashed it in. Is she entitled to the interest that accumulates until she does cash it in?

Now--back to the equity. My husband is trying to take out a 401K loan to pay the ex off, but can't because they haven't cashed in her portion and it is unclear to the 401K company how much is left after she does cash it in. He is only allowed to borrow a certain percentage of what is in his 401K. Her attorney is sitting on the QDRO, and because of that, he can't get the loan.

If he doesn't pay her off by the end of this month, she'll also be entitled to interest on the amount he owes her.

It just seems that his ex is doing everything she can to keep him in contempt for not paying her her part of the equity.


HELP!! Any advice would be appreciated.

Sky
 

skyspirit

Member
now-hereman said:
skyspirit said:
I know this has been a while since I posted this, but I have a few questions related to this case.

What can we do about this??? So far, the courts have done nothing but support her acts of contempt, and the attorney says its just "good money chasing bad money" to take her to court again.

Unfortunately you can do nothing but wait for the court.


Here's the twist. There is also a QDRO for his 401K. She's entitled to X amount as of the divorce date. She has never cashed it in. Is she entitled to the interest that accumulates until she does cash it in?

Yes she gets the interest on her portion only. And it's up to the account administrator to execute this per the QDRO. Are you SURE there is a proper order in place for this?
We've never seen it, but the attorney has told my husband that she is only entitled to the amount due as of the date of divorce. I'm going to get a copy of the QDRO today from his office to see for myself. The attorney's office said they mailed it, but we never got it.
 

skyspirit

Member
Thanks for the info!

Thank you for the info on the QDRO.

What can we do about the van?

What can we do about the equity in the house?

Any info is appreciated.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top