Whats the news today-
Divorces are full of contentious issues, but property division is one of the most difficult things to address. Finalizing a divorce doesn’t always end the disputes between spouses, and in most cases, one person has to recover personal items from the other. If the divorce has remained amicable, it’s easy to agree on a time to go and pick those things up. However, when ex-spouses aren’t on good terms, things can get complicated. Here, spouses will learn how they can retrieve the things to which they’re entitled.
Take Important Personal Items When Moving Out
One person (or both) will likely move out of the marital home before the divorce becomes final. If either person has items they’re sure they want to keep, it may be possible to take them when moving out. Before that happens, though, spouses should learn the differences between marital and separate property. This distinction may seem minor, but it’s crucial to what a person can legally do with certain items.
A spouse can take separate property even before a divorce becomes final. They can take marital property as well, as long as they’re honest about it in court. However, they may have to return it if the other spouse didn’t give his or her approval. Alternatively, the item’s value may be considered part of the spouse’s property award.
Recovering Personal Items After Leaving the Marital Home
An appropriate property settlement doesn’t just detail what spouses get in the divorce, it sets forth a deadline by which they must receive it. If a divorce decree contains such a stipulation, it’s important to get those items before time runs out, or the right to the item may be forfeited. Depending on the nature of the relationship between the ex-spouses, options for recovery of personal property might include:
Keep in mind, the most important thing is to get those personal items, not who will be retrieving them. In some cases, a vengeful ex-spouse may not allow the other person to get their things. This is illegal, and it’s possible to go to court and request an order that allows for the collection of the property. The court might hold the other spouse in contempt for violation of the settlement agreement. An experienced family lawyer can help a client file the proper paperwork.
Disposing of the Other Person’s Property
Once the divorce is filed, neither person can destroy, sell, or dispose of property without permission from the court or the other spouse. Even as the divorce becomes final, a spouse cannot get rid of things awarded to the other person until the time limit noted in the decree passes. If either person throws out or sells anything before the law allows it, the other spouse can file a claim for wrongful disposal. In cases where there’s no time limit, the ex-spouse still has to give the other person a reasonable amount of time, but there’s room for interpretation. Generally, as long as one spouse gives the other a deadline and sufficient notice, the court will regard it as reasonable.
Many of a person’s rights during a divorce depend on New York’s laws, as well as the property division agreement’s language and that of the divorce decree. If a client has any questions as to what property they’re entitled to or how to reclaim it, they should consult a family law or divorce attorney as soon as possible.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201