Retrieval Of Personal Property


#1

My wife and I are currently in the process of divorce. We already have a seperation agreement in place. It is very vauge but still filed. It only claims legal seperation and joint legal custody of our child. We purchased a home together that has since been refinanced into her name and I am completely off of the mortgage. The house is now hers. However, I still have some personal belongings in the home. She is refusing to let me retrieve my personal belongings. What legal steps can I take, forms I can fill out, to have access to my personal belongings. The divorce has not yet been finalized but is in the process. I do have a legal document that is signed and notorized relinquishing me from any legal or financial obligation to the home so I know I am not allowing to enter and remove property on my own. Our divorce is being filed as a simple non-contested divorce. There is no property devision order in the divorce as we had already come to an agreement on who would take what. When i moved out, I took 90% of my personal belongings, furniture, etc at that time and we discussed me coming back at a later date to get the rest. All thats left are personal things, pictures, some tools and things of that nature. Since then she has refused me the rest of my things. What can i do?


#2

You need to file an action for equitable distribution and file a motion for interim distribution of the property and ask to be allowed to the property to obtain that property. If that is the last issue of property, that needs to be handled, you can then dismiss your claim after you obtain your things. If this claim is not pending before the divorce is entered, you may lose you ability to use the courts to get your belongings through equitable distribution.