I'm currently in the process of getting a divorce. The wife was served on Nov 30th and had until yesterday to respond. I'm not sure if she did or not, but I just wanted to give some background.
I have not been living at my home, which was purchased before the marriage, and only came back 5 times over the course of 45 days. Yesterday was the first time I've been in my house for more than 30 minutes and the first time I've spent the night since early November. The wife's lawyer called my lawyer and stated that the wife was out of the house and that "I should do whatever I need to do". Both the lawyer and myself did not know what that meant, but you will see below how that ties together. Also, I was not living at the home, because I did not trust her and I did not feel safe being at the house wit her. I felt that she might jeopardize things in my life, so that is the reason I was not living at my house for the past 45 days. The wife purchased a house in her name 2 weeks ago, and that is where all the items went.
When I arrived at my residence, I noticed immediately that my fence had been damaged, so the wife could remove a martial asset which was a shed. I was not so much concerned with the shed, but more so with the damage she did to the fence and did not repair it.
After I entered the home I then noticed my large TV which was purchased in 2009 was gone. After looking around the house I also noticed that a $2k elliptical machine was removed, which was purchased in 2010. There were some other items such as a lawn mower I purchased in 2010 and a few other things here and there. The total amount is around $4.5k and those items are all non-martial items.
The wife closed on a new house about two weeks ago, she is financially stable and has no need for any funds and will not get alimony as the marriage was just over a year.
My question is what recourse do I have? The items are clearly non-martial and I have the receipts to prove when they were bought. I've been told I cannot contact the police because we are still going through a divorce and the courts must not decide how the assets will be distributed. I feel helpless and I'm looking for some guidance on this issue.
Is there no point in filing a police report or a criminal complaint?
I'm looking for some guidance on this issue, thanks.
Your attorney can guide you. She will probably owe you for the assets she took that were not hers, in your final divorce settlement. It would be the same as if she took money out of a joint account -- until the court decides how things are to be divided, you can't say they weren't hers, but they *do* take note of one person taking another person's thing and it comes out in the final decree. Don't contact the police, it is not a theft as long as you are still married, and it will merely make you look petty and escalate things. Just make a complete list and get it to the other side's attorney in the course of things. You're actually lucky she didn't trash the place or come at you with a knife, so try to stop complaining, just be factual with your attorney.
I too, would advise You bring these issues before Your attorney. I'm sure He will know what Your "rights" are concerning those items.
That being said, EVERYONE loses in a divorce and if this is going to be a "big" fight or cost "big" money, perhaps You should just "cut Your losses", move on, and put Your NEW life together?
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