Legal Question in Family Law in Illinois

divorce

Divorce was final as of october 2007.

House is on market but still not sold, both parties still reside there. Parties verbally agreed during process how to split furnishings, appliances, etc. Distribution of items not clearly defined in divorce agreement. Divorce states that both parties agreed on how things will be divided and that neither can lay further claim. Ex-husband wants to remove the items that both parties agreed he take. Ex-wife has changed her mind on what he gets. She now wants more for herself. She is demanding that he not remove any furniture until house sells. Threatening to have him arrested, take back to court, have him thrown out of house. Does she have the right to do this? When can these items legally be removed from the house?


Asked on 1/05/08, 1:15 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: divorce

Its complicated. It is a bad idea to leave a decree vague like you did (but that is in the past). No policeman will arrest someone in your hypothetical, and police hate getting involved in domestic issues. If called, they will tell him to leave the property there until the court has issued something. My advice is to go back to court, get a post decree order from the court laying out what it what, and put specifics in there. Feel free to contact my firm if you wish to file such a petition.

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Answered on 1/05/08, 1:33 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: divorce

Best to go back to court and get some kind of an order, but you would be within your rights just to take the items out.

The police should not take her side.

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 1/05/08, 10:27 pm


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