Help getting my property


#1

Do I have any recourse for the following. Last year I was fianlly divorced. As a part of this settlement I was to get several items from the house that my ex wife stole from me (ok I just feel that way). The following clause was in our Judgment (© All other personal property in the possession of each party shall be their sole and separate property. The parties agree that the Defendant shall arrange with the Plaintiff to pick up the items listed above at the homeplace within sixty (60) days from the date of this Memorandum of Judgment/Order.)
The problem is that I contacted her several times by phone to try and arrange a date I could enter the home and get the stuff. I was very concerned with our kids thinking I was taking things since they had always been in the house when we were married. This did cause me not to be very agrresive but I did ask. At no point until now did I realize that by working with my ex wife to minimize the impact to our kids deep down she was just trying to make sure I did not enter the home before the 60days was up and now of course she is telling me that I cant get any of my stuff since I have waited too long. Just another game that she has been playing. I asked several times but did not call the Police to enter the home since I was trying to work with her but now I can see this was a game to her and she has made it clear that she is now keeping everything. The only other clause in place is (. The Plaintiff further agrees that before throwing anything away at the homeplace within the next 24 months, that she will contact Defendant to see if he wants the item before it is discarded.) This has also not occured. Anything recourse I have to get my stuff since I was never granted access during the many times I asked and I did not want to get sued for trespassing since she loves to sue me for everything.


#2

I don’t know if you are out of time on this one or not to file for a breach of contract.

I will say that from this point going on, ALWAYS put everything in writing. Every request should be emailed or sent certified to protect your own neck.


#3

If you made good faith efforts to get your things prior to the expiration of 60days and she refused to comply you may still arrange to get those items. You can file a motion for judicial assistance and ask that a judge set a time for you to gather your things.


#4

I am sure she will deny that my efforts were valid but I did try but was way too willing to trust her. Big mistake on my part. I have learned so much thru this ugly process but I guess that is life. Thanks for the info. I will proceed as you suggested.