Just curious....

[Michael44]

What is the name of your state? My ex-wife still has, or has sold, my property that she would not let me get when I moved out. We were just legally divorced I don't even have the papers yet. Can I bring a small claims case against her?

 

[quincy]

What is the name of your state?

If your exwife sold property that belonged solely to you, it could be possible to sue to recover the cost.

 

[Zigner]

First: What US state?

If the matter wasn't specifically addressed in the divorce, then you likely have no recourse because the divorce settled all those types of claims.

However, if your divorce stated that she was to return XYZ to you, and she failed to do so, then your recourse is a contempt motion through the court that issued the order.

 

[quincy]

Or a small claims suit.

 

[Zigner]

Or a small claims suit.

Well...no. That would be retrying the matter. The proper court to handle this matter in would be the court that issued the order. (res judicata)

 

[LdiJ]

What is the name of your state? My ex-wife still has, or has sold, my property that she would not let me get when I moved out. We were just legally divorced I don't even have the papers yet. Can I bring a small claims case against her?

You did not address property in your divorce?

 

[quincy]

Well...no. That would be retrying the matter. The proper court to handle this matter in would be the court that issued the order. (res judicata)

Well .. it actually depends on facts not yet known. We have no idea if a court decided on a property division.

 

[Zigner]

Well .. it actually depends on facts not yet known. We have no idea if a court decided on a property division.

Unless the court specifically didn't decide on property division, then it's included as part of the judgment, and I doubt that this OP went through the process of a bifurcation.

 

[quincy]

More facts, including the name of the state, would be nice.

 

[Zigner]

More facts, including the name of the state, would be nice.

Yes, you are absolutely correct. I may be absolutely wrong if this is not in the US.

 

[quincy]

Or even if in the US.

 

[LdiJ]

Yes, you are absolutely correct. I may be absolutely wrong if this is not in the US.

You might be wrong even if it is the US. Some amateur divorces don't even address property.

 

[Zigner]

You might be wrong even if it is the US. Some amateur divorces don't even address property.

While you are correct that I *might* be wrong, I would venture that most amateur divorces use preprinted forms that include property division. Furthermore, most courts require disclosure of property, etc., as part of the divorce. I'm pretty comfortable with my statement.

 

[LdiJ]

While you are correct that I *might* be wrong, I would venture that most amateur divorces use preprinted forms that include property division. Furthermore, most courts require disclosure of property, etc., as part of the divorce. I'm pretty comfortable with my statement.

Yes, most preprinted forms do, but that does not mean that the users filled out that part other than saying "none" because they did not understand that property includes their personal property.

I am almost positive that his divorce did NOT address the property that his ex won't let him have.

 

[Zigner]

Yes, most preprinted forms do, but that does not mean that the users filled out that part other than saying "none" because they did not understand that property includes their personal property.

I am almost positive that his divorce did NOT address the property that his ex won't let him have.

If they filled out the form as "none" then the matter has been decided in the judgment, as any property in the possession of the parties is considered their own property now.