Can my spouse force me to give him community property in my possession awarded to me according to our divorce papers?
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Can my spouse force me to give him community property in my possession awarded to me according to our divorce papers?
My ex spouse and I lived in the my home when our divorce became final. My home is not marital property and he was living there temporarily due to financial difficulties on his part. The divorce papers state we each keep the community property in our possession. After he moved out he returned later with a moving truck to remove his belongings, at which time I assumed he took everything he wanted. He did not have enough there to fill a truck and he left things behind, some of which I had explicitly told him I would like to have from the divorce. Am I entitled to keep the community property that was left behind in my possession as stated in the divorce papers? He states that he has a list and photos and that I have to give him what he wants or pay him for it. The divorce was final in October and he moved out in November. He had some drawing that he left behind that got damaged when my washer leaked. They were packed in a box stored on the floor. These began to mildew so they were thrown away. He did not take these when he came with the moving truck. Do I have to compensate him for those? He showed up at my home last week when I was not home and took property out of my home without permission. Is he allowed to do that. The home I reside in is not marital property. He told my boyfriend that he had spoken to me already and it was OK. Can he legally take things from my home now that the divorce is over and he has already been there once with a moving truck? We separated the majority of the community property when we first separated.
Asked on January 27, 2012 under Family Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay. Take a deep breath. This obviously has you upset. Now, your divorce papers were not specific as to the items you each wanted? They should have been but the past is the past. No, he can not enter your home with out your permission but he was let in, even if under false pretenses. You can never assume that he didn't want what was his, even if it is the only assumption, because things are never easy in a divorce. Decide how you want to handle this. If you can compromise then do so otherwise it will cost you in legal fees. Good luck.
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