Legal Question in Family Law in Minnesota
Property after divorce
My ex-husband left and moved to
another state prior to the divorce
proceedings starting. He left a
sizable record collection behind that I
placed into storage months before
the divorce was finalized (at the time
he told me I could keep the
collection, then he changed his mind
as the divorce proceedings
progressed). At one point he asked
me to sell the records for him, but I
refused considering their sentimental
value to him, and kept them in
storage. Our divorce has been
finalized for 6 mos now, and he has
failed to pay alimony as well as other
debts to me that he was to have paid
off within 90 days outlined in the
divorce decree. He is over $15,000
behind. Now he wants his records
(which the decree stated wold go to
him) and is going to an expense to
get them. Do I have the right to
hold his property until his debts to
me are paid off? He knew where
they were and could retrieve them at
any time, but has failed to do so up
until now (they have been in storage
for 11 mos.). Is this considered
abandoned property at this time?
1 Answer from Attorneys
Re: Property after divorce
I am afraid that the non-payment of spousal support and poperty division are separate issues. you would be in contempt for withholding the records, just as he may be found in contempt for his failure to pay spousal support.
It is not abandoned property. Moreover, the property still exists and the person awarded that property is now seeking it. You would be wise to provide the records and file a Motion for contempt on the spousal support issue.
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