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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33761
Experience:  Attorney with 15 years experience
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My ex wife refuses to turn over my personal property that were

Customer Question

my ex wife refuses to turn over my personal property that were purchased prior to the marriage. we are from Louisiana and there is a criminal case pending against me. what would be the reason to refuse property settlement?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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I am not sure I understand your question... If you are asking why she is refusing to return your separate property, there is really no way for me to know. But if this was your separately purchased property prior to marriage, she wouldn't be legally entitled to any ownership of it unless you gifted some portion of it to her.
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So my best guess would that she is just doing this to be difficult and force you to have to get an attorney to file a motion for contempt of court for her actions in refusing to return your property if it was ordered by the court.
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But that is your recourse here...to get it back in front of the judge who presided over the divorce and have him order her to return the property or face contempt of court and up to 6 months in jail.
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thanks
Barrister
Customer: replied 1 year ago.
What is the motion that should be filed with the court to get my personal property. This is in the state of Louisiana.
Customer: replied 1 year ago.
are you still there?
Expert:  Barrister replied 1 year ago.
Sorry for the delay, had to be out of office for a bit..
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If the judge ordered her to return your personal property as part of a divorce decree, then you would file a "motion for contempt of court" to force her to appear in front of the judge and explain why she was violating the judge's order.
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If there wasn't a court order that addressed this, you would have to file a "motion for replevin" which is the return of personal property wrongfully withheld by another.
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thanks
Barrister