My brother is going through a divorce. I want my property out of his house. His soon to be ex still lives in the house. How can I get it?

He's going through a divorce and it's ugly.  He was removed from the house they bought together and he isn't allowed in.  I have property in the house still. Music gear.  I'm trying to work with his soon-to-be ex but she's not being the most cooperative.  What are my options? I just want my stuff.

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  • David
    Lv 6
    1 month ago
    Favourite answer

    If the cost of the music gear is not terribly expensive, file a claim in small-claims court for the total cost of replacing your music gear.  It will cost a LOT less to file the claim than to replace all the music gear.  When she gets served with court papers related to the music gear, I'm betting she will be VERY cooperative in helping you get your music gear back.  If not, oh well.  IF this goes to court and you can present receipts for the music gear and a witness (like your brother) to say that she has possession and will not give it up...

    Then the court will rule in your favor.  You win either way.  Either you get your stuff back, or she pays you full replacement cost.  (minus the court filing fee...but you could even ask the court to make her reimburse you for that!)

  • 1 month ago

    in my state the spuse in the house cannot keep the other out of the house,  they are always considered co owners.  right up until a separation agreement of diivorce happens

  • Foofa
    Lv 7
    1 month ago

    Tell her if she doesn't give your stuff you're going to report it to the police as stolen and tell them where to find it. I bet she'll relent and let you come get your things. 

  • Anonymous
    1 month ago

    This would be easier to answer if you had explained what you mean by her not being cooperative.  Were the 2 of you on good terms at one point?   One option might be if you have a mutual friend or relative who'd be willing to call her and do this for you.

    After that, your options get limited.  Do NOT call the cops.  They'd just (rightfully) start a nuisance file on you.  That leaves you trying again with her or maybe setting up a one time consult with an attorney.  Even if your bro was removed from the home, he's still part owner of it, and that might mean something in terms of  your right to your property.  I'd only do this if it's worth a lot, though.  If not, I agree you should just file a small property claim

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  • adam
    Lv 4
    1 month ago

    If it was me I would just go there and take my stuff. By force if need be. Teach that dumb C-nt a lesson. 

  • 1 month ago

    What hurts about break -ups is the friends you lose because of it... Just by the question, it does'nt sound like you were close..    You'll learn curve-balls you can use to just get her to give you what you know is truly yours..  Find the proper time to approach her..  I would ask her before the divorce,, BEFORE..  You don't want anyone arguing in court over things that are yours...  makes no sense to wait..    take care    i'm good..

  • Hung
    Lv 4
    1 month ago

    call the cops....tell them she's in possession of your stolen property

  • 1 month ago

    If he was removed from the house then she has the house.  Your only option is to ask her nicely if you can get your stuff.

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