Legal Question in Family Law in California
personal affects
I have tried several times to retrieve my personal belongings from my husband. I have rented a truck and brought friends to help. He keeps giving me a bunch of junk. I have made a list of all of the things in the house and sent the list to him. I told him what i wanted and that we could make copys of pics. and documents. He sent back the list and agreed i could have the things i wanted most. on items like dishes and barware he says i can have them all. He wont give me any of the appliances or electronics saying they were part of the appraisel of the house. Even though he has greed on many things he wont surrender these things, claiming I have already received them. Also he has been throwing away things and giving away furniture. His lawyer has sent me letters saying anything left at the house after such and such date would become his property. I have email after email trying to set up times to retrieve my things, he wont respond and i'm affraid he is gtiving my things away as we speak. All the appliances were givin to us by my parents. I also bought many things with money that was gifted to me by my parents. Can i do an exparte and obtain a search warrant and have police help me.
1 Answer from Attorneys
Re: personal affects
You should file a motion or OSC with the court requesting and order that specific property is to be given to you. Also ask the court to order that the property is transferred to you by a specific date. That is he does not comply that a referee be appointed to pick up the property and that he pays the cost of the referee. It is unlikely that the electronics are included in the appraisal of the house. Retaining an attorney to assist in this matter may save you a lot of stress and get the process moving.
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