Legal Question in Family Law in New Jersey

I'm in NJ and our divorce judge awarded certain personal property to me but it is in the house that my wife still lives in. she is trying to keep me from getting the property and even called the police on me (for no reason so they ended up leaving) when we had a scheduled day for me to get it. I rented a truck and everything and by the time I got in, I only had enough time to get a few items that the judge awarded to me. Now she says I have to pay for a security guard for her while i'm there to get the rest since she 'had' to call the police the first time! what can I do? can I tell her she has to deliver it to me if she won't allow me in? can I file a complaint for wrongful possession of my property? What can I do? This is crazy. I can't afford any more $$$ and just want this all OVERWITH!


Asked on 8/11/15, 9:54 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

This is what happens when people are not reasonable. Unfortunately, if she is not complying with a court order, you need to go back to court to get another order to enforce the previous order and also ask the judge to sanction her, requiring her to pay cost and attorneys fees to get the order enforced. Will it take time, effort and money? Yes. But if you want this personal property, you will have no other choice. I try to get my clients to weigh the cost of getting this stuff against the cost of replacing it. Often, it is cheaper and easier to get new stuff. Sometimes that is impossible if they are childhood mementos or valuable collectibles. But with normal stuff, like clothes, furniture, etc., the cost of replacement is sometimes less.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner

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Answered on 8/11/15, 10:26 am


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