Ex-spouse has gotten rid of some community property including a vehicle, which he asked permission to trade in, but was denied. Court papers clearly state that no one may dispose of, sell, or give away any community property. What can be done to show that they cannot do what they please?
2006-11-19 03:47:03 · 7 answers · asked by magikstik 1 in Family & Relationships ➔ Marriage & Divorce
Go back to Court immediately and file papers (if you don't have an attorney, either call Legal Aid or ask the Clerk of the Court -who cannot give you legal advice, but CAN guide you to the correct forms to file) to bring the violation(s) of the Court Order to the attention of the judge for a ruling. Violations of a Court Order are Contempt of Court, and I have yet to meet a judge who takes these lightly (and I have met a couple, through similar situations caused by my ex). The Court does not feel warm & fuzzy about individuals who thumb their nose at the Court's authority. Until you take steps to get these matters brought back before a judge, your ex will continue to act without impunity. In the meantime, while you are waiting for a court date, take steps to protect your share of the community property, by making everyone (like banks, credit agencies, mortgage companies, etc.) aware of the Court's original ruling, in an effort to reduce your ex's chances of disposing of the property without your knowledge or permission. Good luck with this. Vindictive and unethical ex's can be very creative and resourceful. My ex even disposed of NON community property, when he got a hold of our daughter's house key, let himself in while I was out of town, stole my grandmother's hope chest and the hand-made quilts she had made which were in it, and sold them to a no-questions-asked dealer. I was unable to prove anything (it was all supposition and circumstantial, without witnesses) - and lost everything. DO NOT remain passive about this. You must act to protect your interests NOW.
If the vehicle is long-gone, the Court will likely not only find your ex to be in Contempt (and subject to fines and/or jail time), but will likely also order your ex to pay you at least half of what he sold it for - which he must prove. You should try and track down the paperwork pertaining to the sale, as best you can, to bring with you into Court. You should also consider getting a subpeona served on the person he sold the vehicle to, to force them to come into Court and testify as to the circumstances surrounding the sale. This person will likely be viewed as a hostile witness, but they WILL have to testify - unless THEY also want to face contempt charges.
Taking these actions will send a clear message to your ex that he has rattled the wrong cage. Be diligent and persistent. You are not doing these things to "get back at" your ex. You are doing thse things to protect your interests.
2006-11-19 04:11:31 · answer #1 · answered by happy heathen 4 · 0⤊ 0⤋
Best thing to do is if you know the person that bought the vehicle is to tell them they have just bought a vehicle that will soon be repossessed. Explain the situation to them in detail so they will know what to expect. This is the fault of not only your spouse but also the buyer, for not finding out or asking if there is a lien on the vehicle. Then it's back to court to recoup damages. If you don't go back to court, your spouse will know that they can get away with it and the car will be only the first thing to go.
2006-11-19 03:54:41 · answer #2 · answered by delux_version 7 · 1⤊ 0⤋
Nothing at all will happen unless you take action. That's probably what the ex-spouse is counting on. So, you can contact the Clerk of the COurt to find out what to file, or you can have a lawyer file a complaint for you. Here is a web site where you can get decent books to educate yourself about what to do. YOu can proabably find these books at your library, too.
2006-11-19 03:56:04 · answer #3 · answered by DadOnline 6 · 0⤊ 0⤋
He has broken the law by doing this complain to the courts that this has taken place and he will be arrested he is in contempt.
2006-11-19 07:55:45 · answer #4 · answered by Livinrawguy 7 · 0⤊ 0⤋
Complain to the court that he has violated court orders..
2006-11-19 03:49:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
reason number 48,976
never let the government get behind your marriage.
you have to get a lawyer chhhchink
and go through the process chhhchink
2006-11-19 03:54:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
contempt of court?
2006-11-19 03:49:35 · answer #7 · answered by stonedhilbily 2 · 0⤊ 0⤋