The Coffee Table

[cherylsarah01]

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

I was given my dad's one of a kind hand carved coffee table 14 years ago after he passed away. My ex-husband won't let me have it back.

When we divorced the only things specifically specified were the cars, the house, bank accounts and liabilities.

We were very amicable at the time of divorce and he asked if he could use it so he wouldn't be without a table. I said ok but when your circumstances change, move or get another one, I want it back. I actually trusted him to keep his word.

He remarried and moved into his wife's house. He still uses it in their family room. I have asked him for it back and he flat out says no I gave it to him. My brother has tried to reason with him and he told him no it is his.

Can I sue him in small claims court for this? Would I even have a chance at getting it or should I forget it and take it as a lesson learned? The only thing I have are pictures of my dad sitting next to it. Would something like that help?

Thank you.

 

[Zigner]

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

I was given my dad's one of a kind hand carved coffee table 14 years ago after he passed away. My ex-husband won't let me have it back.

When we divorced the only things specifically specified were the cars, the house, bank accounts and liabilities.

Did you forget the part that mentioned that all other property/items/etc have been distributed to the satisfaction of both parties?

We were very amicable at the time of divorce and he asked if he could use it so he wouldn't be without a table. I said ok but when your circumstances change, move or get another one, I want it back. I actually trusted him to keep his word.

He remarried and moved into his wife's house. He still uses it in their family room. I have asked him for it back and he flat out says no I gave it to him. My brother has tried to reason with him and he told him no it is his.

Can I sue him in small claims court for this? Would I even have a chance at getting it or should I forget it and take it as a lesson learned? The only thing I have are pictures of my dad sitting next to it. Would something like that help?

Thank you.

Yes, you can sue. But, you have no case. Move on.

 

[cherylsarah01]

Did you forget the part that mentioned that all other property/items/etc have been distributed to the satisfaction of both parties?


Yes, you can sue. But, you have no case. Move on.

I hear you and I will drop it but I want to answer the question. We agreed at the time of seperation on this there was no divorce decree at the time drawn up until a year later and it said items are to be disbursed to our satisfaction. I asked him again at that time and he reiterated the agreement and stupidly I agreed again on his word.

It was the only thing I got of my dad's when he died and I should have taken it when we seperated. You are right.

 

[Isis1]

I hear you and I will drop it but I want to answer the question. We agreed at the time of seperation on this there was no divorce decree at the time drawn up until a year later and it said items are to be disbursed to our satisfaction. I asked him again at that time and he reiterated the agreement and stupidly I agreed again on his word.

It was the only thing I got of my dad's when he died and I should have taken it when we seperated. You are right.

i am so sorry. i feel your pain. my ex has my grandmother's piano which was the only thing i had when she passed.

 

[xylene]

Offer to buy it back.

 

[cherylsarah01]

i am so sorry. i feel your pain. my ex has my grandmother's piano which was the only thing i had when she passed.

Aww...thank you honey and I am sorry about the piano.

My only hope is that some day he will pass it to our daughter, that would be the right thing since it was hand made and hand carved by her grandfather.

 

[cherylsarah01]

Offer to buy it back.

I have and he says NO.

To be honest he does not care about it. The other kids have marked it up and drawn on it. It has staples sticking out of it when they took the staple gun to it. It is a huge solid piece of wood that can be refinished though.

He keeps it because he knows it bugs me, his wife told me that in an email. But there is nothing I can do so I will just put it out of my head.

 

[Isis1]

I have and he says NO.

To be honest he does not care about it. The other kids have marked it up and drawn on it. It has staples sticking out of it when they took the staple gun to it. It is a huge solid piece of wood that can be refinished though.

He keeps it because he knows it bugs me, his wife told me that in an email. But there is nothing I can do so I will just put it out of my head.

just an idea...but how may pictures do you have of it? any way you might be able to have someone at least make a replica?

 

[cherylsarah01]

just an idea...but how may pictures do you have of it? any way you might be able to have someone at least make a replica?

I have about 3 pictures with the table in it. Honestly, I don't think a replica would have the same meaning to me. I just have to get over it. Thank you so much though for your thought.

 

[RRevak]

I have about 3 pictures with the table in it. Honestly, I don't think a replica would have the same meaning to me. I just have to get over it. Thank you so much though for your thought.

I know its a long shot but maybe offer to give him the replica? Or, if you're on good terms with the wife, maybe she might understand and give it back to you. It might not be the wisest of things for her to do as it would more than likely cause an argument between the two of them but its at least worth a shot to ask. What have you got to lose at this point.

 

[cherylsarah01]

I know its a long shot but maybe offer to give him the replica? Or, if you're on good terms with the wife, maybe she might understand and give it back to you. It might not be the wisest of things for her to do as it would more than likely cause an argument between the two of them but its at least worth a shot to ask. What have you got to lose at this point.

Well at this point there is no replica to give and I don't think I will be having one made anytime soon.

Whew....I am not on good terms with his wife that's for sure. You can read my other post on that one if you want but before it went south I did ask her and she said nope it's theirs and I won't ever see it again. I asked her why she would even want it since it was my dad's and we had the agreement that's when she wrote back that they know it bothers me.

Thank you for your idea though and hopefully it doesn't end up at the dumps and goes to our daughter.