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When you are working through settlement talks for your divorce or discussing your property division with your attorney, you have to make some tough choices and face the fact that there are compromises or decisions ahead that may not be optimal. Once you and your ex have hashed out your property settlement or the court has issued a judgment deciding how your marital assets are to be divided, you will likely breathe a sigh of relief. However, you may soon find that that there is more work to be done.
If you are remaining in the marital home, you likely have all of the household and personal items that have been awarded to you. If you’re the spouse who moved out, you may be in the position of trying to get the things that are now legally yours and your ex may not be cooperating.
First, try to be civil and cooperative and suggest days and times you could come to get your stuff (generally it’s best if you can go get it rather than trust your ex to pack it up). If you and your ex have trouble being in the same room, suggest that he or she have someone else there to let you in and make sure you take only your own items. Some spouses are unwilling to be pinned down on dates or set up times and then are no-shows. If you’ve tried several times and gotten nowhere consider whether there is a friend or family member who could intervene for you and set something up.
If all else fails, make a call to your attorney, who will call your ex’s attorney and a date will be scheduled again. If this doesn’t work, your attorney can file papers with the court to ask the court to enforce the judgment and force your ex to comply.
DeTorres & DeGeorge is ready to help you with your divorce and property settlement.
