Can I still get my personal property?
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Can I still get my personal property?
My divorce was finalized but I still don’t have all my personal property that the divorce papers say I was supposed to get, such as my truck (that was awarded to me but she has the title), plus my tools, toolboxes, collectable’s and a few other items. What
do I need to do?
Asked on October 7, 2018 under Family Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Send her an email, a text, or something else in writing, sent some way or ways you can prove delivery, asking to set up a time to retrieve her belongings. Give her some reasonable time (2 - 3 days from delivery) to reply; if she doesn't reply, repeat and give her another 2 - 3 days to respond.
If she either never replies to your request to pick up your belongings or else outright refuses, then you can bring a legal action to enforce your rights under the terms of your divorce and have the court order her to arrange to let you get your belongings. The type of legal action depends on whether it was a voluntary settlement that you are referring to as your "divorce papers," in which case you will sue her for "breach of contract" (a settlement is a contract) for your belongings; or whether it was a court order or decree, in which case you will file a motion to enforce the court order.
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