Legal Question in Family Law in California

My ex and i have started the divorce process- in fact it will be done Oct 12th because he did not respond to my initial petition with in his 30 day period (allowed by the court). Our asset and expense declaration states that I am to receive all household furnishings. We had purchased a tub for the remodel in my back room. Approximately three weeks ago he took it. I just found out about it on Friday night. This item falls under home furnishings. I do plan to bring this up in court, but should I file a police report- as it is stolen property I believe until the divorce is final and all assets and liabilities are determined by the court?

I either want the tub returned or for him to reimburse me the cost of the tub. Also because he did this do I have grounds for a restraining order- so he can no longer remove property with out my permission until final judgement is granted?

Thank You,

Anne


Asked on 9/25/11, 10:58 am

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

The divorce won't be done until a judgment awarding the things you request is ordered by the court. Even then, your ex could ask to set aside the default judgment within 6 months of any judgment order being granted. The wise approach is to work out an agreement with him. He obviously does not agree with you on how to divide the property if he came and took an item you expect the court to award to you.

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Answered on 9/25/11, 4:11 pm


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