Retrieving my belongings


#1

If you have signed separation papers that list specific items you were to remove from the home, then I suggest sending a letter to her letting her know the date and time that those items will be removed. And I suggest removing all the items the same day, rent a truck if you have to. Don’t argue about the items. If she begins an arguement, simply show her where in the agreement she signed that states that item is to belong to you. If she wanted to argue about it, she should have done that prior to signing an agreement. I also suggest that you do not go alone…take a friend that can help you move items and who can witness her uncooperative attitude. Just a suggestion.

Legally, you can still file for Equitable Distribution which includes the separation agreement. Normally a separation agreement keeps this from going to and being decided by the courts but if you are having problems getting the items specified, then it could take filing for it and possibly going to court to clarify for her that these were things agreed on by her. It may even come down to renegotiating.
My husband and his ex signed an agreement like that also, everything from ED to child support and custody listed. They still ended up in court for all of it and renegotiating. Afterwards, he loaded everything additional that she was getting and left it at a predetermined location. He gave her 3 days to pick it all up before he trashed it…


#2

I have been there with help several times but she refuses to let me have the stuff that is clearly listed for me to have. If I try to remove the item she gets between me and it and then tries to say that I have hurt her in some way. Will a small claims court get the stuff that is left for me or do I need to go through ED? There are several items outside that belong to me but if I go and get them she has threatened to have me arrested for tresspassing.


#3

You should go through ED. You may have to wait to get your stuff but sometimes it’s necessary. Just make sure that you are aware if any of the stuff begins to go missing…she would be required to reimburse you for them or possibly even get an unequal distribution if she begins to liquidate assets. Since you have tried that route and failed, I advise that you file for ED and do not go back over. There does not necessarily need to be an attorney for this I don’t believe. Go to the local office supply place and see if they have a “divorce kit”. Prior to serving her with ED I suggest getting a recorder on your phone. Radio Shack carries the perfect thing for this. I wish my husband had had one for some of the earlier discussions(arguements)he and his ex had. She agreed to sooo much before he and I started dating that she denied later.
Since you have the separation agreement and have separated, she could charge you with domestic tresspass if you go to the home without her invitation and knowledge. BUT if you have an agreed on date that you have scheduled with her to gather your stuff, and a copy of the separation agreement, then there is really not a lot that the authorities would do about it. It is a good idea to communicate through written documentation and keep records of everything.


#4

Small claims court will not assist you in retrieving marital property, you will need to file an action for equitable distribution through district court. However, your separation agreement may prohibit you from filing for equitable distribution. In order to determine how to address this, it would be best to review your agreement with an attorney.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I’m confused. I told the magistrate the whole issue that I had my papers that specified the things that were mine but they were still locked away from me and he said the small claims suit would get what I needed.


#6

My legal opinion is that you must file an action for Breach of Contract if she will not give you the items you are entitled to under the Agreement. I do not know why the magistrate told you something different.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

I have been moved out for six weeks and have had seperation papers for almost a month now that divide the marital assets but I have had little luck in actually getting my belongings. I have only been able to schedule about five days when I could move stuff and every trip she has argued over each and every item. Every time I disagree on an item she tells me to leave. Now she will not even return my phone calls. Will a small claims suit through the magistrates court help get what is left or do I need to file suit through district court?