Results 1 to 7 of 7
  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Post Division of Personal Property

    My ex-wife refuses to negotiate the division of Personal Property. I have possession of the majority of it and am not interested in taking possession of anything she has. I have provided her many proposals, worked a settlement with her attorney, but she has refused everything. Her attorney has washed her hands of it and referred us to an arbitrator, which my ex-wife has refused to acknowledge. At what point does she no longer have a claim to what I have in my possession?

    Note: Division of house, finances, etc. has already been settled.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Division of Personal Property

    Until you receive a decree of divorce, the division of marital and separate property is not settled.

    If your wife was represented by an attorney to contest aspects of the divorce, he/she cannot represent her in arbitration. So washing hands of someone is not really accurate when moving from litigation to arbitration.

    You both need to agree to arbitration. When couples cannot settle disputes over property, a divorce can go on until it is either settled by them, their attorneys, the court or one or both run out of money.

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

    Default Re: Division of Personal Property

    You will get ownership of the items once you have a divorce judgment giving you ownership. If she won't settle, the judge (or arbitrator, if in fact you go through arbitration) will have to decide who gets what.
    Quote Quoting deadlock
    View Post
    If your wife was represented by an attorney to contest aspects of the divorce, he/she cannot represent her in arbitration.
    The attorney cannot be an arbitrator, without the consent of both parties (and why would the other spouse give it), but why do you believe the attorney wouldn't be able to represent her in arbitration proceedings?

  4. #4
    Join Date
    Sep 2007
    Posts
    2

    Default Re: Division of Personal Property

    Clarification:
    We are divorced and it was uncontested. However, the matter of Division of Personal Property was never settled. My concern is that 5 years from now, she will want her half and I will have disposed of, worn out, etc. most of the items. And I will have to keep track of every purchase from the state of separation forward. Just trying to eliminate more work but protect myself if I choose to get rid of things.

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

    Default Re: Division of Personal Property

    A sensible provision in any divorce decree is that, other than property specifically described in the decree, items of personal property become the property of the person possessing them at the time the judgment is entered. Such a provision ensures that you don't have this type of lingering issue years after the judgment.


    You can look into the laws governing lost and abandoned property for your state.

  6. #6
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Division of Personal Property

    The attorney cannot be an arbitrator, without the consent of both parties (and why would the other spouse give it), but why do you believe the attorney wouldn't be able to represent her in arbitration proceedings?
    It was my understanding that the arbitrator was to be neutral, and to retain same counsel who could not help to resolve issues btw parties would not be in the best interest of the client. No?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Division of Personal Property

    There is no reason you can't use the same lawyer for a mediation or arbitration as you did for any prior litigation.

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Custody and Property Division in a Community Property State
    By phamphan in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 08-31-2010, 11:21 AM
  2. Property Division: Division of Property
    By sisterinlaw in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-01-2009, 01:27 PM
  3. Property Division: Division of Personal Bank Accounts in Divorce
    By ntense in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-16-2007, 01:05 PM
  4. Violation & Enforcement: Recovering Personal Property After Issuance of a Personal Protection Order
    By jiggy in forum Orders of Protection
    Replies: 10
    Last Post: 09-29-2007, 08:50 AM
  5. Co-Ownership: Division of Property
    By tromagrrrl in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 03-21-2007, 01:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources