Gemini1777
Junior Member
What is the name of your state? KS
This is going to be long and rather messy.
I was divorced in May 2005 after 1.5 years of marriage. We were divorced in Coffey County with no legal representation and no waiting period. However, a week prior to the divorce, both of us filed for restraining orders against each other (I filed first, I believe I was being followed at the time because he showed up at the courthouse less than 10 minutes after me).
During the restraining order procedure, the judge ordered us to visit Court Services for a property settlement mediation. Neither of us were prepared for this and did not have inventory of what was "his" or "hers". A short, 3 paragraph settlement was thrown together in 10 minutes. The settlement only listed the major furniture items and stated each of us would retain "all previous personal belongings" which is very vague.
I had moved out in April to a very small apartment. At that time, my ex-husband and I were still civil and on speaking terms. It was agreed that he would store all of the things I could not take with me until a later date. I was planning on getting a storage unit and would be able to move everything of mine out on an agreed upon date. Months later, he would not accomodate my requests and refused to meet with me with all of my belongings still in his house.
The house we lived in together was owned by my parents. We were technically "renters". They provided all of the appliances as landlords usually do and we paid a monthly rent. In August 2005, my father decided he was going to sell the house and gave my ex 30+ days to move out. When my ex moved out of the house, he took everything. EVERYTHING. Not only all of my personal belongings, but the refridgerator, stove, items that belonged to my parents, curtains, rods, smoke detectors, etc. (My parents are pursuing all of their items along with the appliances in criminal court--I'm only concerned with my personal belongings at this time)
Now here is the sticky part--The divorce decree from Coffey County states something to the nature of "everything in one's possession, remains in their possession". He only had my belongings because he refused to meet with me so I could claim them.
Do I have a case for small claims court? Would this strictly hinge on being able to define "previous personal belongings?" Do I have any other options?
I've tried contacting him via email to arrange a time when I or a 3rd party could pick up my belongings but he has become hostile and refuses to release them.
Do I have a right to get a police escort and have them go with me to the house to reclaim my belongings per the property settlement?
Thanks for your time. Please let me know if there are any questions as I'm sure I'm leaving some important detail out.
This is going to be long and rather messy.
I was divorced in May 2005 after 1.5 years of marriage. We were divorced in Coffey County with no legal representation and no waiting period. However, a week prior to the divorce, both of us filed for restraining orders against each other (I filed first, I believe I was being followed at the time because he showed up at the courthouse less than 10 minutes after me).
During the restraining order procedure, the judge ordered us to visit Court Services for a property settlement mediation. Neither of us were prepared for this and did not have inventory of what was "his" or "hers". A short, 3 paragraph settlement was thrown together in 10 minutes. The settlement only listed the major furniture items and stated each of us would retain "all previous personal belongings" which is very vague.
I had moved out in April to a very small apartment. At that time, my ex-husband and I were still civil and on speaking terms. It was agreed that he would store all of the things I could not take with me until a later date. I was planning on getting a storage unit and would be able to move everything of mine out on an agreed upon date. Months later, he would not accomodate my requests and refused to meet with me with all of my belongings still in his house.
The house we lived in together was owned by my parents. We were technically "renters". They provided all of the appliances as landlords usually do and we paid a monthly rent. In August 2005, my father decided he was going to sell the house and gave my ex 30+ days to move out. When my ex moved out of the house, he took everything. EVERYTHING. Not only all of my personal belongings, but the refridgerator, stove, items that belonged to my parents, curtains, rods, smoke detectors, etc. (My parents are pursuing all of their items along with the appliances in criminal court--I'm only concerned with my personal belongings at this time)
Now here is the sticky part--The divorce decree from Coffey County states something to the nature of "everything in one's possession, remains in their possession". He only had my belongings because he refused to meet with me so I could claim them.
Do I have a case for small claims court? Would this strictly hinge on being able to define "previous personal belongings?" Do I have any other options?
I've tried contacting him via email to arrange a time when I or a 3rd party could pick up my belongings but he has become hostile and refuses to release them.
Do I have a right to get a police escort and have them go with me to the house to reclaim my belongings per the property settlement?
Thanks for your time. Please let me know if there are any questions as I'm sure I'm leaving some important detail out.