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#741409 - 01/20/12 03:16 AM Enforcement of property division
HatchMan42 Offline

recently joined

Registered: 12/17/11
Posts: 2
I was awarded my wife's car by the Judge in our recently finalized divorce that went all the way to trial. At the signing of the Final Decree after the trial and orders of the Judge, my spouse indicated for the first time that the car was wrecked, not drivable and that she had in fact, purchased another car (in violation of the temp orders) to be mobile. However the previous vehicle was awarded to me and I want it to either fix and sell, or be awarded a monetary equivalent amount to its value. My spouse and her attorney suddenly have amnesia as to where the vehicle that I am to have is located. Her attorney even filed a lien against me and the vehicle against any child support arrears that may occur?!?! No I am not making this up.

With the Final Decree in hand I was able to go to the DMV and get both the registration and title transferred in my name. So I have a clean title, new plates, new registration sticker...but no vehicle. I am representing myself and have filed a motion to enforce division of property.
What do I need to do or know to be successful at that hearing?
Can I file sanctions against her attorney for not cooperating with the court's orders?
Can I report the car as stolen?

I will truly appreciate any information or advice from someone with experience or legal expertise as to how to proceed. Thanks!

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#741410 - 01/20/12 08:01 PM Re: Enforcement of property division [Re: HatchMan42]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
This is not an issue of "enforcement of property division", this is flat out CONTEMPT OF COURT.

And by her and her attorney refusing to divulge the location of the vehicle, they are INTENTIONALLY doing so. You need to file for REIMBURSEMENT of the expenses you incurred due to their refusal to follow a COURT ORDER.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#741411 - 01/20/12 08:50 PM Re: Enforcement of property division [Re: HatchMan42]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
"At the signing of the Final Decree after the trial and orders of the Judge, my spouse indicated for the first time that the car was wrecked, not drivable and that she had in fact, purchased another car (in violation of the temp orders) to be mobile."

Did you know the car was wrecked before you signed the final agreement? Was the CO not complied with?

If your case hinges on non-disclosure, the remedy available to you is to set aside the agreement that is now part of the CO.

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#741412 - 01/21/12 08:33 PM Re: Enforcement of property division [Re: Renny]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
No, his remedy is to file for contempt of court for het failure to obey the court order and turn over the vehicle. Your advice is really getting worse and worse.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#741413 - 01/22/12 04:37 AM Re: Enforcement of property division [Re: gr8Dad]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
So, if the ex turns over the wrecked car the OP will be satisfied? Why don't you stick to bashing women, which is the only thing you know.

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#741414 - 01/22/12 07:27 AM Re: Enforcement of property division [Re: Renny]
HatchMan42 Offline

recently joined

Registered: 12/17/11
Posts: 2
The Final Decree has not been adhered to by my ex, nor her attorney. Besides not receiving the vehicle I have not been allowed to have visitation on several occasions due to their interpretation of the ambiguous language of the final decree.
With that being said however, the decree most definitely transfers the vehicle to me. I don't really want the vehicle as I already have one, but would like to know how to leverage their acts of contempt to persuade the judge to my side a bit and award the monetary value of the vehicle to me as an award. ANy chance that happens?
Thanks!

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#741415 - 01/22/12 04:12 PM Re: Enforcement of property division [Re: HatchMan42]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
Hatch, we are clear that the decree awards you the vehicle and that if your ex hasn't done so they are in contempt. The real question however is whether you knew the vehicle was wrecked before you signed the agreement. If you did, you can hold them in contempt for not turning over a wrecked vehicle. Is that what you want? A contempt action to recover something of no value?

On the other hand, if the fact that the vehicle was wrecked was kept from you until after you signed the agreement, then the real issue is nondisclosure or fraud, and if you file a motion to set aside the agreement the court will probably refer the case to mediation and you might settle for the value of the intact vehicle. All this will cost money, perhaps more than the value of the vehicle.

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#741416 - 01/22/12 04:38 PM Re: Enforcement of property division [Re: Renny]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
If you read the OP's post, you would see that he does indeed what the vehicle back, in any condition. Until he recieves the vehicle, he cannot determine the LEVEL of "wrecked". I do not bash women, but I guess when you cannot defend your moronic position, personal attacks are all you can go with.

The FIRST step is to file for contempt, GET the location of the vehicle, THEN you seek a remedy for any damages owed for the vehicle.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#741417 - 05/07/12 05:15 PM Re: Enforcement of property division [Re: gr8Dad]
Henry61 Offline

recently joined

Registered: 05/07/12
Posts: 3
Someone please help a simpleton. My wife and I married three years, no children. Every week of our marriage I put 75% of my paycheck direct deposited into her account so she handled bills.

I signed the uncontested divorce papers, for preowned assets all that was listed by her was the car she owned prior to the marriage, and some furniture. I listed nothing. I really have no property or savings minus a 401k...

We did buy some apppliances togther while married. She plans to pack up all the appliances and take them with her..

She is now saying she can enter my 401k on the final divorde decree, and all sorts of things, that she beleives I owe her, and I have no rights to contest any of it. She says I cant stand in court during this decree and she can enter whatever she thinks I owe her into the decree, and get monthly payments from me for debts she now says I owe her.

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