Legal Question in Civil Litigation in California

personal belongings kept by spouse after divorce

This is really strange: My former husband (divorced in 1981) will not give me my 8MM movies that were mine from a former marriage. It's been 18-19 yrs and he keeps telling me he will give them to me and he doesn't!!! I know it seems trivial, but can I do anything about it? Needless to say, the movies are family treasures with my deceased mother, etc. and I REALLY want them, and so do my children!!! It has caused me a lot of grief and anxiety... Can I do at least small claims court or ??? Thank you,


Asked on 12/02/99, 12:53 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: personal belongings kept by spouse after divorce

Small claims court is often a good choice, but so far as I know lacks jurisdiction to grant a judgment for the return of property. The family court may not have jurisdiction to order him to give you the films. You need to check the property division. If you are lucky the court will have retained jurisdiction over the distribution of the personal property or the films.

Your best bet may be to file a civil suit for the return of your film. Because of the posibility his destroying the films you should look into the possibility of a restraining order that he not destroy the tapes.

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Answered on 12/05/99, 2:47 am
Ken Koury Kenneth P. Koury, Esq.

Re: personal belongings kept by spouse after divorce

You can try small claims court or go back to the divorce court and get an order against her.

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Answered on 12/04/99, 12:22 am


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