Legal Question in Family Law in Colorado
Marital property
my wife and i are currently separated and she has a restraining order against me. someone explained to me that property given to you as gift, or inheritance was not considered marital property. my wife is currently latched onto tools that were given to me after my father died, by my mother. i need these tools for my occupation and they have sentimental value as well. she is holding onto them to make sure that she has a bargaining position, when we go to court ordered mediation in a week. my oldest son could pick up the tools, but she will not allow it. the current attorney i have is not very aggressive and this affair will drag on, until i can no longer afford it. my wife's attorney is going after my throat. do i have any options to get my tools legally? she can have everything else. i just want these tools and to be done with this affair. thank you
1 Answer from Attorneys
Re: Marital property
If you haven't already, you can call the sheriff's department up and ask for a "civil assist." A deputy from the sheriff's office will meet you there and standby while you get necessary items. However, you'll be limited to only taking items that are necessary and needed immediately, as the cops won't get involved in disputes over property. If that doesn't work, your only other recourse is to request a temporary orders hearing to at least get temporary use of the items. It's unlikely you'd get a hearing before the mediation next week, so you'll want to bring that up at mediation as well. If it doesn't get resolved then, the next step would be to request a temporary orders hearing on the matter.
Hope this helps!
Christine C. Nierenz, Esq.
The Harris Law Firm, P.C.
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