Legal Question in Family Law in Minnesota

Re: Divorce

Once a judgment and decree of divorce is entered, the property award is final and cannot be modified. If a party does not like what the court orders, they typically have 60 days in which to file an appeal. Since your divorce was �final� in 2001, the appeal period passed long ago, and there is nothing he can do to change the terms of the order.

If you were awarded the Hummel figurines, or were awarded all of the personal property in your possession, then they are yours, and nothing he can do will change that. I doubt very much he will return to court over this issue. (He would probably lose, and frankly, the cost of proceeding likely exceeds the value of the figurines.) If he continues to pester you about this issue, feel free to call. My contact information is below.

Thank you for your question.

Re: Divorce

Your court order determines who receives what assets in a divorce. I have reviewed Mr. Jesperson's response and I respect his legal knowledge. However, I understood your question differently. As a result, let me respond based on what I understood as the facts.

If your ex-spouse was awarded the Hummell figurines in the divorce, but they werer in your care and your ex-spouse never collected those figurines, can he collect them now. The answer is "maybe."

As Mr. Jesperson stated, the court order is the law of the case. It can be enforced. As a result, your ex spouse could take you to court seeking the return of the figurines. Chances are that such a court hearing would be far more expensive than the value of the figurines and is unlikely to occur.

Nonetheless, if it did occur, you are not without options. There is an equitable doctrine called "laches." which may apply. It essentially states that if a person does not persue their legal rights, they may ultimately be estopped from doing so later. It is a bit of a "you snooze, you lose" proposition.

There are also state laws that apply to abandoned property. Under those laws, however, you would have to give the owner notice that the property was abandoned and of your intent to dispose of the assets if nothing is done.

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