Legal Question in Family Law in Ohio
Possetion
My sister and Brother in Law divorced about a year ago. One item they failed to put in the paperwork was an attachment they together purchased for my tractor valued at about $4200. The paperwork does state any item either of them were in possesion of at the time of the divorce became theirs. However I have been advised this does not always apply to large ticket items. I have recently received a letter from My ex brother-in-laws attorney stating he either wants full value , or the item back. It apears to my sister and I however she is at least 1/2 owner, if not possibly full owner because she and I have been in possetion it the entire time. What legal options do we have to retain ownership . Thank You
2 Answers from Attorneys
Re: Possetion
I think you would be best served by having a court of competent jurisdiction determine who actually owns the asset. What were the circumstances under which the purchase was made? Why did you make no contribution to it, as it benefitted your tractor?
Re: Possetion
I suggest trying to negotiate with his attorney to pay your ex-brother-in-law half the value of the item. Unless he can prove that he paid for his and it has been in his name only, going to court would be an expensive and risky proposition.