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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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When we were married we were given some china that used to

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When we were married we were given some china that used to be his patents. His widowed mom gave it to us since no one wanted it. Now months after divorce my ex wants The china. What's legality of this? Pls respond asap. Thx.
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed family law attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. Was the china not addressed in your divorce judgment? If so, how?
  2. Is it all in your possession?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

Customer: replied 3 years ago.
In final judgment the china not mentioned specifically. Just says that once assets and properties divided that it is now each our own. I paid him for the house. I gave him a massage chair that we purchased married and he aggressively wanted the grill we had but after divorce felt everything bought was by "his" money. When I told him ok but he'd have to replace me w another grill he backed off. I am disabled unable to work and he sold his company for millions. (which is a whole other matter cause it seems he fraudulently misrepresented value of company at time of agreement of it's value and was turns out he was always actively looking to sell it).
Expert:  Joseph replied 3 years ago.

I would suggest that the china is yours to do with as you deem appropriate. I say this for a couple reasons....

 

The china was not mentioned specifically. For him to have a clear claim to the china, it would have needed to have been specifically listed in the judgment as belonging to him.

 

Additionally, your judgment included some standard language as to each of you having exclusive use and possession of any property that was in your possession at that time. In plain English, this means that you get to keep what you have.

 

With these two factors being present, he has no claim to the china.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
I have another question. Our msa states i am to have our child for holiday of rosh hashana. I do not know if that means first night or next day which is deemed at school as the holiday because school will be closed. Do I have her the day of rosh hashana as school deems as holiday or first night? Please answer asap. You have Been very helpful before. Thx.
Expert:  Joseph replied 3 years ago.

Can you provide all of the language from the MSA regarding this holiday?

 

Also, is there any language in the MSA meant to cover all holiday visitation that would apply to this situation?

 

Thank you.

Customer: replied 3 years ago.
Just says under that holiday I have her this year. Not broken down into nights.
Expert:  Joseph replied 3 years ago.

It does not appear that your MSA provides a clear answer to the problem. As such, there are a variety of ways to resolve the issue.

 

If you have the holiday this year while the he has it next year, you could agree now on how to set up the times for pick up and drop off. Whatever you have this year, he will have next year.

 

Another option would be to defer to other holidays. In other words, whatever you do for those holidays, you would do here as well. For example, if you consider the Thanksgiving holiday to begin with the end of school, then you would do the same here.

 

Another option would be to define the holiday literally. As the holiday begins at sundown, that would be when the visitation period would begin as well.

 

If all else fails, you could file a motion to clarify with the court. The motion would describe what you have detailed here and ask the court to more clearly define the visitation period.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Joseph and 5 other Legal Specialists are ready to help you

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Joseph
Joseph
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I have 15 years experience in the legal field, currently specializing in criminal and family law