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  1. #1
    Join Date
    Sep 2014
    Location
    Florida
    Posts
    4

    Default What is Your Recourse if Your Ex- Damages Property Awarded to You in a Divorce

    My question involves a marriage in the state of: FL

    On Oct 11, 2016, I signed my portion of our settlement agreement. On Oct 22, 2016, my now ex husband defaced the vehicle that I was to be awarded in the divorce. I was told that since I'd already signed the paperwork, there was nothing I could do about the damaged vehicle. Off record, he agreed to compensate me for the KBB value of the truck at the time it was damaged. However, I lost my job and he held off on giving me the money since he wanted it to go towards a new vehicle and not household expenses. Since that time, he had decided to not give me the money at all saying it went to attorney fees (he retained counsel bc of the possible criminal charges, I was pro se due to being unemployed) despite we each being responsible for our own per the settlement.

    What are my options if any?

    The vehicle was registered solely in his name at the time he damaged it so he was never charged with vandalism and the AG's office opted out of pressing charges for stalking and trespassing.

    Can I take him to small claims court or file a modification to our divorce settlement or am I stuck with a truck that has vulgarities carved into it on all sides?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Recourse for Damaged Property

    the vehicle that I was to be awarded in the divorce.
    "Was to be."

    That's an interesting phrase. It means that something "isn't."

    Begs the question. Does your divorce decree actually award you the vehicle or not?

    If it doesn't, I think you are out of luck.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is Your Recourse if Your Ex- Damages Property Awarded to You in a Divorce

    If you were awarded the vehicle by the court, and the damage occurred after the court issued the judgment, then you can take your ex- back to court and ask that he be ordered to pay for repairs.

    If you were not yet divorced at the time you learned of the damage, but did not raise the issue with the court before the divorce judgment was finalized, you may not be able to get recourse through the court.

    The facts and timing matter. See if you can get a free or inexpensive consultation with a lawyer who can review your divorce paperwork and advise you based on the facts.

  4. #4
    Join Date
    Sep 2014
    Location
    Florida
    Posts
    4

    Default Re: Recourse for Damaged Property

    I was awarded the vehicle.

    Quote Quoting Mr. Knowitall
    View Post
    If you were awarded the vehicle by the court, and the damage occurred after the court issued the judgment, then you can take your ex- back to court and ask that he be ordered to pay for repairs.

    If you were not yet divorced at the time you learned of the damage, but did not raise the issue with the court before the divorce judgment was finalized, you may not be able to get recourse through the court.

    The facts and timing matter. See if you can get a free or inexpensive consultation with a lawyer who can review your divorce paperwork and advise you based on the facts.
    I signed my portion of the settlement on Oct 11th. He damaged the vehicle on Oct 24th. The divorce was finalized Jan 4, 2017. I didn't raise the issue at that time because I was told it was a done deal since my paperwork had already been signed. I didn't know that I could raise the issue in court.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Recourse for Damaged Property

    If you chose to enter into a judgment in which you were awarded a vehicle that you knew to be damaged, and did not raise any issue with the court, then you may have dug yourself into quite a hole. If your ex- is not going to voluntarily fix the damage, it's time for you to take your judgment and settlement documents to a lawyer for review.

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