Legal Question in Family Law in California

possessions and divorce

A couple divorced 1999 in Tulsa, Oaklahoma. They were married in California in 1995. They divorced due to irreconcilable incompatibility. They decided to retain and own property in each of their personal possessions and be responsible for debt in each's own name. In 1993, before they were married but living together in California,they left possessions in a store place on the property of the future groom's parent's because of a move cross country. These possessions were to be retrieved or shipped to the couple in the future.When the couple divorced they spoke of meeting in California to go through the things they had left at the man's parent's home. For the last 3yrs. the woman has tried desparately to retreive her things but the man has an unlisted phone number and his parent's refuse to return the woman's phone calls. Can the woman retain the right to go for her personal things with legal help? The property in question are photo albums of her family, highschool graduation diploma and cap and gown, year books and family photos that are obviously her family. What should she do?


Asked on 10/14/02, 10:11 pm

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: possessions and divorce

The divorce decree stating each would retain his/her separate property ought to cover this. Perhaps a strongly-worded letter from an attorney would convince the ex-in-laws to turn over her property.

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Answered on 10/14/02, 11:54 pm
Larry Lee Larry Mason Lee

Re: possessions and divorce

This sounds like a suit to divide undivided property. The property was in neither his nor her possession at the time of divorce. Alternatively, if the property is clearly her separate property rather than property accumulated during marriage, then the property was not subject to division in the divorce and her suit would be to regain possession of property held in bailment (storage) by his parents. The cost of suit needs to be compared to the sentimental value of the items to determine practicality. The suit would, in either case, be brought in California, where the property is located. So, I caution you to obtain the opinion of California counsel, rather than simply accept my reasoning as legal advice.

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Answered on 10/15/02, 1:14 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: possessions and divorce

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

An experienced Family Law attorney, who practices in the California County where the property is located, should be able to retreive it for you.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 10/16/02, 1:03 pm


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