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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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