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  1. #1
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    Default How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    My question involves a marriage in the state of: CA - Los Angeles County
    I am in the process of divorce and I had an agreement with my ex-wife's lawyer (I dont have a lawyer) for her to come and take certain stuff per the list. When I vacanted the house at the time and day they requested, they came and took everything even the items that we agreed should be mine and on top of that she took my personal items and left some damages too. How can I get those back and could this be a Breach of Fiduciary for her breaking the agreement we had and in a way stealing?

  2. #2
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    Quote Quoting kouroush
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    How can I get those back
    Ask for their return. If that fails, you can bring a motion in court.
    Quote Quoting kouroush
    and could this be a Breach of Fiduciary for her breaking the agreement we had
    No.
    Quote Quoting kouroush
    and in a way stealing?
    Before you try accusing your ex- of a crime, I suggest that you discuss the details with a divorce lawyer.

  3. #3
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    So the ex's lawyer asked me to leave the house on a certain day so she can come get her stuff. We had an agreement of specifics she takes and specifics to leave for me. She took hers and my stuff plus my personal belongings from prior marriage.
    After going back and forth with the lawyer, now she is saying her position is she dis not take anything from the house.
    How can I prove this? Pretty much all I have to prove is she left a mess in the house which I took photos of, a nasty text that she left after taking her stuff to "let the game start", and after sending the list of taken stuff (requested by her lawyer) no reply back from them to deny anything. Now she is denying!

  4. #4
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    Quote Quoting kouroush
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    After going back and forth with the lawyer, now she is saying her position is she dis not take anything from the house.
    How can I prove this?
    You will need evidence that the property exists, that it should have been left with you, and that your ex- was the one who took it. As to whether and how you might gather such evidence, if it's even possible, that's a conversation to have with your lawyer.

  5. #5
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    Quote Quoting kouroush
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    So the ex's lawyer asked me to leave the house on a certain day so she can come get her stuff. We had an agreement of specifics she takes and specifics to leave for me. She took hers and my stuff plus my personal belongings from prior marriage.
    After going back and forth with the lawyer, now she is saying her position is she dis not take anything from the house.
    How can I prove this? Pretty much all I have to prove is she left a mess in the house which I took photos of, a nasty text that she left after taking her stuff to "let the game start", and after sending the list of taken stuff (requested by her lawyer) no reply back from them to deny anything. Now she is denying!
    Sadly, your mistake was agreeing to leave. For the sake of other people reading this thread in a breakup situation you should be prepared to take all of your belongings with you when you leave if you are the person leaving. If you are the person staying, you should never agree to vacate the premises when the other person is coming to get their stuff.

  6. #6
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    Quote Quoting kouroush
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    How can I get those back
    You'll have to file a motion with the court.


    Quote Quoting kouroush
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    could this be a Breach of Fiduciary for her breaking the agreement we had
    No. Neither your wife whom you are divorcing nor her attorney owes you any fiduciary duty.


    Quote Quoting kouroush
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    and in a way stealing?
    Depending on the specifics, maybe. However, it's unlikely the police would look at it that way. More likely, they'd tell you its a civil matter or something to be hammered out in the divorce.

  7. #7
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    nasty texts after leaving and inviting to start the game, photos of the property after she left, providing list of taken items to her lawyer per his request, never denying that she did not take those items, are not any evidence I can count on? Her lawyer told me over the phone that she is claiming you took a few extra dishes and stuff (minimal) where she took over $5000 in value of my personal items in return. Photos of the house after they left shows what has been taken that was on the surface, do not they have to prove that they did not take it by showing a photo of what was the condition of the house after they left?
    I mean how can I prove the stolen items? search warrant? anything?

    I dont have a lawyer. How can I prove it though. We agreed on a list of what she takes and what to leave for me. Now she took them and I only have photos of after she left and a nasty text ending in "let the game start" showing her bad faith. also when I sent the list of stolen items to her lawyer, he did not deny anything, over phone he said that she is claiming that you took a few extra dishes (minimal in value) and she took in return over $5000 in value of my items.
    How can I prove this, I need help in that area.

  8. #8
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    There is a huge problem proving she took anything she wasn’t supposed to take. If you sued in court you would most likely lose becasue while you may know in your heart she took stuff, thst isn’t proof she did and to win in court (civil court), you need to convince the court by a preponderance of the evidence your claim is true. All you have is your claim and her denial. That could win if her veracity was non-existent and the judge believed everything you say. Chances are a judge would simply say you lose.


    I Suggest your best action is to use it in your divorce. Include the items in property she has as part of the division of property. When asked, simply reply that when she collected items while you left the house (as you were asked to do by her attorney) those are some of the items she took. Let her defend herself in front of the judge. It may get you nowhere but knowing that lying to a judge is perjury, it might make her think twice before denying she took the stuff.


    If you havent learned yet, don’t let her into your home alone again. if the need arises again, whether it be an agreed upon third party or a stand by by the sheriff while you are still there, do not let her into your home like that again.

  9. #9
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    Default Re: How to Recover Property Taken By Your Ex- Outside of the Distribution Agreement

    Quote Quoting kouroush
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    nasty texts after leaving and inviting to start the game, photos of the property after she left, providing list of taken items to her lawyer per his request, never denying that she did not take those items, are not any evidence I can count on? Her lawyer told me over the phone that she is claiming you took a few extra dishes and stuff (minimal) where she took over $5000 in value of my personal items in return. Photos of the house after they left shows what has been taken that was on the surface, do not they have to prove that they did not take it by showing a photo of what was the condition of the house after they left?
    I mean how can I prove the stolen items? search warrant? anything?
    I can't comment on written communications I haven't read, but all of the things you mentioned are potential evidence -- as is your own testimony. The burden of proof in civil matters is only a preponderance of the evidence, so it doesn't take too much. The problem arises when you testify that "she took my collection of 19th century oboe reeds," and she testifies that she did no such thing. If there is no corroborating evidence, and if the judge cannot determine that your testimony is more credible, then you should lose because you've failed to meet your burden. Obviously, however, there's no way for anyone on an internet message board to opine intelligently about your chances of success without a lot more information.

    You need to hire a lawyer. Otherwise, you're likely to lose simply because you don't know the rules of procedure and evidence.

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