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Can Jewelry Stolen by Wife Be Returned in a Divorce

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  • 05-02-2010, 03:57 PM
    jorbri1513
    Can Jewelry Stolen by Wife Be Returned in a Divorce
    I am getting ready to file for divorce from my wife, I live in Washington state. Last year she had me removed from our home under a domestic violence complaint. The complaint was dismissed for a lack of evidence, however the judge "ADVISED" me not to return to my home. I was told "If you seek self help and come before me again, I will not look on it favorably". My lawyer at the time told me that the judge was warning me not to go back to the house.

    I moved to a new apartment and left my soon to be ex-wife with all the furniture except for the things in my home office. I realized that while I was out of the house all my jewelry including some my mother left me when she died is missing. I contacted my soon to be ex-wife and asked her to return it. She refused.

    My question is can I get my jewelry returned in the division of property in the divorce? Is it a lost cause since I don't have receipts (I've had the jewelry quite a long time)? Can I get value for the jewelry. This is the only property I want out of the divorce.
  • 05-03-2010, 07:16 AM
    LawResearcherMissy
    Re: Can Jewelry Stolen by Wife Be Returned in a Divorce
    Quote:

    My question is can I get my jewelry returned in the division of property in the divorce?
    You can certainly ask for it. Do you have any documentation at all, such as an inventory from when it was distributed from your mother's estate?
  • 05-03-2010, 01:25 PM
    jorbri1513
    Re: Can Jewelry Stolen by Wife Be Returned in a Divorce
    Hi Missy,

    Thank you for the reply, unfortunately I don't have any paper work it was a very informal process between my sister and I. There was no will and when she passed we just sat and decided what each of us wanted. It is unsual I know durin inheritance situations but we handled it that way.
  • 05-03-2010, 02:21 PM
    525601minutes
    Re: Can Jewelry Stolen by Wife Be Returned in a Divorce
    When you do ask for the return of the jewelry, do not say that your soon-to-be-x "stole" the items. Just say that they were inadvertently left behind when you moved out of the residence. Do you have any old photos of your mom or other relative wearing any of the item?
  • 05-03-2010, 09:25 PM
    jorbri1513
    Re: Can Jewelry Stolen by Wife Be Returned in a Divorce
    Thank you for the correction on the wording. I will make sure to use phrase you suggested. I am looking to see if I have any photo's of the necklace and earrings or of me wearing the bracelets.
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