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Getting Property Back After Divorce

Getting Property Back After Divorce

It’s somewhat common for divorce agreements to include instructions for one spouse to transfer certain property to the other. However, after the divorce is finalized, you may find that your former spouse is not compliant with the settlement and refuses to relinquish your property.

Filing an Order to Show Cause

When your former spouse refuses to release items into your possession, you have the option of taking legal action. Filing a replevin will call a hearing between you, your spouse and a local judge. During the course of hearing, each partner will present his or her case, and the court will decide how to move forward. If the judge rules in your favor, a member of local law enforcement will seize the item from your spouse’s possession.
Additionally, if your spouse refuses to give you property agreed upon in your settlement, you may choose to file an action stating that your spouse is in contempt of court. When an individual violates a court order, such as a divorce agreement, they may face significant fines or even imprisonment if they do not comply.

Make Sure It’s In a Court Order or Decree of Divorce

If, after ongoing efforts, your spouse has decided to return your property — or if you are handing over items to your spouse — it is always in your best interest to attempt to secure a signed receipt. By having your spouse sign a document noting that the item was transferred, it eliminates all possibility that he or she may claim that items were not returned properly.
If your former partner refuses to sign a receipt, have a friend, family member or neighbor serve as a witness to the exchange. Should you have a concern for your safety during the transfer, you can call a local police department and ask if they can send an officer to the meeting.

Divorce can be a learning opportunity not only for the couple going through it, but also for any adult children they have who are in relationships of their own. Even fully grown children of divorcing parents are likely to have a difficult time adapting to the major changes a divorce can bring. But it also provides some important lessons.
The following are just a few things you can learn from your divorcing parents. First, no one is perfect: Everyone has certain character weaknesses and areas they can improve. This is important to remember whenever you are dealing with difficult family situations, whether it’s an argument with your spouse, a disciplinary scenario with your children or a moment of frustration involving a friend. It’s important to understand this in your relationships and work together to continue improving.

Don’t make a big deal over small issues: Whenever you’re involved in a long-term relationship, there are going to be small issues that annoy you. You’ve likely seen your parents handle these things poorly. It’s a learning opportunity — the small problems will pass, and addressing them in a way that doesn’t blow them out of proportion will ensure that everyone will move on. You are resilient. As humans, we can generally handle a lot more emotionally than we give ourselves credit for. Watching your parents come out of a divorce and rebuild their lives, you can see what people are truly capable of. They take a bad, painful situation and come out of it whole. If they are capable of that, so are you. Always need to be prepared for change. Even when we get comfortable with our lives, there’s always the chance that a curveball will come our way. With the proper mindset and some adaptability, you’ll be able to manage these inevitable challenges.

Free Consultation with a Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Michael Anderson

About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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