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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14488
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My divorce in Virginia became final in December. My ex-wife,

Resolved Question:

My divorce in Virginia became final in December. My ex-wife, who was the Plaintiff, brought the suit as a "no fault" divorce and recommended a 50/50 division of assets. In his ruling, the Judge divided our real estate and financial assets, but did not set out personal property such as jewelry and furniture were to be divided.

Since some of the tangible assets are of value, how can I go about getting my share without incurring more legal bills? Did the Judge overlook this issue or am I entitled by statute to claim half? The Plaintiff has been non-responsive to my requests.
Submitted: 3 years ago.
Category: Family Law
Expert:  Legalease replied 3 years ago.

Hello.

 

You are entitled to a portion of the personal property -- general 50% (if the judge divided everything else 50/50 it pretty much goes without saying that if he had considered the personal property, he probably would have done the same thing). However, if she is non-responsive to your requests, the only thing that you can do is bring a Motion for Contempt of court in front of the court and in your motion, you state that she is not cooperating with the court orders to divide everything, including personal property, on a 50/50 basis (let her or the court point out that the personal property was not specifically mentioned in the orders -- because the judge will probably simply add it in anyway). You will probably not get a full 50/50 share of her jewelry if many of the pieces were bought as gifts for her over the years -- but other items like furniture paintings and artworks are a 50/50 split here. I am sorry that there is no other way for you to do this except go back to court, but there really is nothing else that you can do here. When you ask for the court order on these items, I suggest that you come prepared with a list of the items that you are specifically interested in and ask the court to include them and arrangements for her to buy you out on these items or for the items to be sold should all be part of the court order -- the more specific this court order can be, the better off you will be in the long run as you are trying to enforce it.

 

GOOD LUCK

 

 

THANK YOU

Customer: replied 3 years ago.
Mary, thx but the case drained me of my financial assets and I cannot pursue it with an attorney. How could I go about doing this alone? Can I file myself or where can I get inexpensive help filing a complaint? Btw, she is bringing a motion that I owe her unpaid medical bills to which she's entitled from the ruling...can the two issues be tied together or do I need to counter sue? The money I could gain from my share of the aforementioned assets could be used to satisfy payments of bills such as the ones she's alleges in her complaint.
Expert:  Legalease replied 3 years ago.

Hello. If she has brought a motion and you have been served with the paperwork, you can prepare a written Answer and Counterclaim for Division of Personal Property all in the same document --- then both issues can be heard together. Just use a regular document and set the top of it out like the case formatting on prior documents in her case, then give it the title that I said above. Then start writing the document and ask the court to make a division on items of personal property acquired by the both of you during the marriage (make sure that you write in that you have tried to contact her regarding these items and she has been non responsive) -- and attach an Exhibit with a list of items that you believe should be split with an approximate value of each item. Then you put a final paragraph on it and ask for the court to hear your motion at the same time as it hears the motion brought by your ex wife. Bring your answer to the clerk's office at the family court and ask them to put it on for the same date that her motion is being heard -- and the court will be more than happy to combine the motions -- there really should be no issue with putting both issues in front of the judge at the same time.

 

GOOD LUCK

 

 

THANK YOU

 


Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14488
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
Legalease and 4 other Family Law Specialists are ready to help you

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