I recently got a divorce May 3rd and was told I could pick up my personal belongings June 3rd I arrive at the house after a six hour drive and was told that I could not pick up my belongings until I returned a weed eater and her cd’s
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I recently got a divorce May 3rd and was told I could pick up my personal belongings June 3rd I arrive at the house after a six hour drive and was told that I could not pick up my belongings until I returned a weed eater and her cd’s
I do not have a weed eater nor do I
have her cd’s This was a wasted trip
She said if I would give her my King
size bed she would forget about the
weed eater and the cd’s but I said no I
left and she texted my brother and said
if I give her 100.00 for the weed eater
and 150.00 for the the cd’s and be
back within 30 minutes I could have my
stuff Needless to say I returned home
empty handed What now?
Asked on June 4, 2017 under Family Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Legally, she cannot withhold your belongings from you. Your problem is that the only way to get them is through a lawsuit in which you seek and get a court order for their return (and/or suing for the items' now-current [given that they are used and not new] value, which suit could be resolved either by her returning the items or paying their value). To win, you'd have to prove these were your items, not hers or the both of yours jointly (since if both of yours jointly, she's entitled to a share of their value; and if hers, she clearly would not have to return them). Given the cost, time, effort, etc. of a lawsuit, you may, as a practical matter, be best off paying her the amounts she is seeking.
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