• 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.

Just curious....

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

quincy

Senior Member
I think in many divorces the division of minor property (goods) is done between the parties and agreed to before any court proceeding (e.g., you get this, I get that). The divorce papers might say, "Property divided as agreed to by parties."

But more facts are needed. I would not rule out a small claims action (depending on property and value of property sold).
 


Zigner

Senior Member, Non-Attorney
I think in many divorces the division of minor property (goods) is done between the parties and agreed to before any court proceeding (e.g., you get this, I get that). The divorce papers might say, "Property divided as agreed to by parties."
Yes, another example of how the matter has already been decided in court.
 

quincy

Senior Member
Did you and your ex-spouse submit to the court a list of property and who got what? Did you and your ex-spouse make such a list?
 

Zigner

Senior Member, Non-Attorney
But the court has not made a decision on the property itself. That could be an issue for small claims.
Actually, if the court says "all personal property has been divided by the parties", then the court has addressed it. The time to address it is in the divorce.
 

quincy

Senior Member
But it might not have been addressed by the court other than to acknowledge an agreement was made between the parties prior to the court action on who got what - and so the court would not address the division of property.
 

Zigner

Senior Member, Non-Attorney
But it might not have been addressed by the court other than to acknowledge an agreement was made between the parties prior to the court action on who got what - and so the court would not address the division of property.
I disagree. In the case you suggest, the court did address the matter by acknowledging the agreement.. Now, if the ex isn't complying with the list, then the place for the matter to be heard is in the same court that heard the divorce and not in small claims.
 

Find the Right Lawyer for Your Legal Issue!

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