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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27201
Experience:  Attorney with experience in family law.
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My husband and I did a do it yourself divorce which was final

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My husband and I did a do it yourself divorce which was final in October. We only listed the big assets in the divorce decree such as houses, vehicles, retirement, annuities, etc. We did not list furniture or tools, etc. My ex-husband has come over twice and loaded up a big car trailer full of stuff. He wants to come over a third time and get tools, his motorcycle and jeep. The jeep and motorcycle are in the divorce decree, but that is it. Do I have to give him anything else, like tools? What is his recourse if I don't give him what he thinks he should have? He wants to decide who gets what. I live in Washington state.

Gail, Seattle, WA

My name is XXXXX XXXXX I'd be happy to answer your questions today. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

You are required to hand over any items that were granted to him by the divorce decree. Beyond that, you have no legal obligation to let him set foot on the premises or enter your house. If the divorce decree doesn't mention certain items, his option is to file a Motion to Modify Judgment, explaining that certain items were left out, and that he would like to be granted those items. However, if there is a sentence anywhere in the paperwork that says something like "The parties have already divided their personal possessions," then that can be interpreted to mean that, by leaving the tools with you, he agreed they would be his tools.

If the divorce decree granted you sole use and possession of the house, that also means that you're allowed to change the locks, and he is trespassing if he arrives on the premises without permission and refuses to leave.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service at 3-5 faces/stars so that I get credit for helping you today. Thank you.

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Customer: replied 3 years ago.

Did you mean to say, he agreed they would be my tools? Just checking. Thanks

Yes. I'm sorry. I'm glad you caught that. The argument is "We divided all of our possessions, he left them with me, he agreed to the separation agreement, and therefore, these are my tools."
Customer: replied 3 years ago.

This is what the decree says: Under property. There is community and seperate property owned by the parties. Both Petitioner and Respondent have made fair and equitable division of all property. Both Petitioner and Repondent have done all legal work, including but not limited to , removing names from different accounts and seperating property as follows: the property division is listed below. Will this work in court? I will leave you a bonus payment. Thanks





Yes, that works. This is the language I was talking about "Both Petitioner and Respondent have made fair and equitable division of all property." That means that, at the time of signing, you had already divided all of your personal property. Your ex-husband no longer has any claim to any items that were in your possession after the divorce became final.

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