Legal Question in Family Law in California
Personal Property stolen by spouse
I am in the process of a divorce by mediation. My ex-husband has threatened me and friends of mine but I do not have enough evidence (according to the court) for a restraining order. In December, when I allowed him access to my yard (he signed a quit claim deed; I have legal title to the house) in order to retrieve his dog, he gained access to my home and stole personal property of no monetary value; manuscripts, notes, research, letters, etc. which I depended on as a writer. I called the sheriff who minimized the situation and told him I wanted a report in order to file for a restraining order. The deputy never made the report. My ex- is still holding my property and uses it to try to ''blackmail'' me into doing things he wants. I want my notes & manuscripts back. Do I have any recourse?
1 Answer from Attorneys
Re: Personal Property stolen by spouse
I see no reason why your research, notes etc have no value. I would start by making a detailed list of what he took and assigning it the highest possible value (like replacement cost if you earned $25/hr) Add this to your Declaration of Disclosure. In you mediation session you need to stand firm that you must get this stuff back. He in turn may claim other community property of equal value. A restraining order is inappropriate in this situation. If you can't resolve this in mediation then get an attorney to take the division of property, including your intellectual property, before a judge. If the judge awards you the stuff and he still doesn't give it to you he can be found to be in contempt of court. If he has already given you a deed to the house I don't see why the police were unwilling to charge him with burglery. Did you ever talk to the district attorney? You shouldn't have to get a TRO to keep him off your property if he is not on the deed or a tenant. I hope this has been helpful, good luck.