Cmmns said:
Iowa; My divorce decree sstates that martial property is to be divided equally between both parties. My ex has had most of the martial property in his possession since our divorce 3 years ago and refuses to divide it. What legal grounds do I have to either the property or the value of the martial property.
Thank-you for any and all help.
My response:
You have a choice. Remember, your divorce decree and settlement agreement is nothing more than a contract.
You didn't say what the value of the property was estimated to be, but there are two methods of gaining satisfaction:
1. Small Claims court - It's quick, easy, and you can sue for up to $4,000.00.
2. You can take him back to Family Court, where your divorce was rendered, on an "Order to Show Cause Re Contempt of Court". Right now, your ex is in "Contempt of Court" which is criminal in nature. Judges really hate it when their orders aren't followed. Anyway, this method is a bit more expensive, but the dividends are wonderful. Not only will you be able to have the original order converted to a judgment so that you can execute against his bank accounts, take his property, or garnish his wages, but he'll wind up paying fines to the court, perhaps even be obligated to pay for your attorney's fees, and best of all, there's a good chance you might get to hear the judge say, "Bailiff, take Mr. Ex into custody. Perhaps 3 days in jail might help him to follow orders".
Good luck to you.
IAAL
