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She won't remove her property from the house

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mistoffolees

Senior Member
After the proposed partial judgement was written up by her attorney (it was their hearing they called over support) the judgement is full of mixed up information asnd doesn;t follow what the judge said. My attorney said that if he won't write it correctly, he will call a meeting in the judges chambers.

Yes, you've said that.

How about some examples? As I said, if the errors are minor, you're not going to get anywhere by fighting over it (even if it's annoying you a lot). If the errors are major, then you have some reason to fight it - and possibly recover your attorney's fees.

So what are we talking about here?
 


Bali Hai

Senior Member
After the proposed partial judgement was written up by her attorney (it was their hearing they called over support) the judgement is full of mixed up information asnd doesn;t follow what the judge said. My attorney said that if he won't write it correctly, he will call a meeting in the judges chambers.

Been there Bro.

As I've said numerous times before, the judge will let her and her attorney get away with this bullcrap. You and your attorney step out of line just a little bit and you'll get hit by the judge with a sledge hammer!!
 
Yes, you've said that.

How about some examples? As I said, if the errors are minor, you're not going to get anywhere by fighting over it (even if it's annoying you a lot). If the errors are major, then you have some reason to fight it - and possibly recover your attorney's fees.

So what are we talking about here?


Judge ordered who would pay which property mortgage to keep them from going into foreclosure.
Judge ordered propertys sold and who would list and how much they would list for.
Judge ordered no spousal support.

Judge ordered specific day and time for property pick up.


The partial judgement her attorney wrote up only says which mortgages I pay and no mention of what she is ordered to pay.



and the rest was conveniently left out
 

mistoffolees

Senior Member
Judge ordered who would pay which property mortgage to keep them from going into foreclosure.
Judge ordered propertys sold and who would list and how much they would list for.
Judge ordered no spousal support.

Judge ordered specific day and time for property pick up.


The partial judgement her attorney wrote up only says which mortgages I pay and no mention of what she is ordered to pay.



and the rest was conveniently left out

At least one of those is a non-issue and you're getting worked up over nothing. If the judge ordered no spousal support, the decree doesn't have to state that. The lack of mention is sufficient.

As for the rest, there is frequently some discrepancy and it shouldn't be too hard for your attorney to get the corrections made. Specifically, from what you said, her attorney did not change anything - they simply left some things out. It's pretty hard to argue fraud or take it to the Bar because they forgot to include something.

Considering that you're talking about multiple properties and multiple mortgages, the couple hundred extra dollars you're looking at in legal fees are not particularly relevant. Just get the agreement finalized rather than getting worked up about her attorney.
 
At least one of those is a non-issue and you're getting worked up over nothing. If the judge ordered no spousal support, the decree doesn't have to state that. The lack of mention is sufficient.

As for the rest, there is frequently some discrepancy and it shouldn't be too hard for your attorney to get the corrections made. Specifically, from what you said, her attorney did not change anything - they simply left some things out. It's pretty hard to argue fraud or take it to the Bar because they forgot to include something.

Considering that you're talking about multiple properties and multiple mortgages, the couple hundred extra dollars you're looking at in legal fees are not particularly relevant. Just get the agreement finalized rather than getting worked up about her attorney.

After the money and time I have spent to witness a bunch of legal fleecing by her attorney . I think i deserve to be worked up. i guess I could lay down and just let him walk all over me, but i am not going to and neither is my attorney. You see, he is the one who is driving this issue. He is being payed to look out for my best interests and I am the petitioner in this case.
He feels I am in jeopardy if the particulars aren't followed.
If she does not follow through with paying her share of the mortgage, then I could be evicted after foreclosure. I live in the residence she is ordered to pay the mortgage on. Long story short, the judge divided mortgages appropriately to even out each of our bottom lines of income. Her attorney left out the order for her to pay for a very specific reason. The very specific reason is : Her mother holds the trust deed on the residence!!!


So if she doesn't pay, or at least keep it from being foreclosed by Mom, then I am out on the street because I can't pay all of the mortgages and her mom would love to see that. then I wouild have no home and no money to rent.



i was told in the beginning, expect one car and a sleeping bag in the end. It sure seems to be the case when you fall into this so called "World of Justice"!!!!:rolleyes:
 

LdiJ

Senior Member
After the money and time I have spent to witness a bunch of legal fleecing by her attorney . I think i deserve to be worked up. i guess I could lay down and just let him walk all over me, but i am not going to and neither is my attorney. You see, he is the one who is driving this issue. He is being payed to look out for my best interests and I am the petitioner in this case.
He feels I am in jeopardy if the particulars aren't followed.
If she does not follow through with paying her share of the mortgage, then I could be evicted after foreclosure. I live in the residence she is ordered to pay the mortgage on. Long story short, the judge divided mortgages appropriately to even out each of our bottom lines of income. Her attorney left out the order for her to pay for a very specific reason. The very specific reason is : Her mother holds the trust deed on the residence!!!


So if she doesn't pay, or at least keep it from being foreclosed by Mom, then I am out on the street because I can't pay all of the mortgages and her mom would love to see that. then I wouild have no home and no money to rent.



i was told in the beginning, expect one car and a sleeping bag in the end. It sure seems to be the case when you fall into this so called "World of Justice"!!!!:rolleyes:

You are getting overly worked up because your attorney is going to get things fixed. You don't need to stew about it because your attorney will straighten it out. Yes, its annoying, but it will get straightened out.

However, there is one thing that I don't understand. If you have multiple properties, why would you choose to live in the one where her mother holds the trust deed? Why wouldn't you choose one of the other properties for your residence?

Also, as far as her stuff is concerned, again, I would encourage you to move it to a storage unit, pay the first month's rent, and then send her the location and the key. Yes, it will cost you a little bit of money, but in the end, you will be rid of it.

I suspect that she is having trouble coming up with the funds and the manpower to get it moved herself.
 

Bali Hai

Senior Member
After the money and time I have spent to witness a bunch of legal fleecing by her attorney . I think i deserve to be worked up. i guess I could lay down and just let him walk all over me, but i am not going to and neither is my attorney. You see, he is the one who is driving this issue. He is being payed to look out for my best interests and I am the petitioner in this case.
He feels I am in jeopardy if the particulars aren't followed.
If she does not follow through with paying her share of the mortgage, then I could be evicted after foreclosure. I live in the residence she is ordered to pay the mortgage on. Long story short, the judge divided mortgages appropriately to even out each of our bottom lines of income. Her attorney left out the order for her to pay for a very specific reason. The very specific reason is : Her mother holds the trust deed on the residence!!!


So if she doesn't pay, or at least keep it from being foreclosed by Mom, then I am out on the street because I can't pay all of the mortgages and her mom would love to see that. then I wouild have no home and no money to rent.



i was told in the beginning, expect one car and a sleeping bag in the end. It sure seems to be the case when you fall into this so called "World of Justice"!!!!:rolleyes:

Whoever told you that was being overly optimistic!!

You are getting responses from posters here that love to see men get kicked around by the justice system. Just thought you should know that.

If YOU pulled any of the crap that your stbx wife was pulling, these posters would be in favor of throwing your ass in jail!!
 
the other property is bare land. If I could leave here financialy I would in a heart beat. I have all of my animals however that need to be here. I won't leave them behind and I don't have any real safe and dependable place to move them.
She attempted /threatened/plotted and planned to ruin me while we were in the same house during the last 6 months before I went in and filed for divorce. She found out i was divorcing her before she was served and threatened to kll me. The restraining order was a strong suggestion by my attorney for several months because she had started physical violence ie: throwing things, holding up knives, kicking,slapping shoving,spitting,throwing my stuff outside, locking me out, calling 911 and telling police she was abused and wanted me out.

The morning she said she would get a gun and kill me, I went to the courthouse and filed for the restraining order. She was remeved that day.

Yes, it is a mess.
 
Whoever told you that was being overly optimistic!!

You are getting responses from posters here that love to see men get kicked around by the justice system. Just thought you should know that.

If YOU pulled any of the crap that your stbx wife was pulling, these posters would be in favor of throwing your ass in jail!!


I get that general impression too. "Why should I be getting all worked up?"


It all kind of reminds me of why I went and found a lawyer a year ago, she was always right even when she was wrong, I was treated and told that I had no rights, why am I upset? I have nothing to be upset about. I'm a man and I should just take it. I should only speak when spoken to. If I had an opinion it was to be kept to myself. PERIOD! She had the right to be late, forget, ignore, bounce checks, not call home, spend money freely when every dime i had was hers, she called at work even to try and control my day before i even got off work. I had bills thrown at me when i awoke on Sunday morning after working 6 days a week 10 hours a day. She made lists and plans for chores for every minute of my off work time. She took the trips to San Fransisco, Dallas Texas Porta Vi arda Mexico, Hawaii, Florida, Washington DC Napa Valley Ca. Phoenix Arizona. I stayed home and worked. I never left the state of oregon the entire 8 years we were married . She has taken 4 trips since last January while we have seperated and then went crying for 1500 a month support.

She got back from a Xmas trip to Napa Valley last January . I got a letter from the bank about charges for insufficient funds for the sum of 300 dollars. I closed the account and took over my payroll in a whole new bank. She blew a fuse and that's when she decided to go gun shopping!!!!!!:eek:
 

mistoffolees

Senior Member
I get that general impression too. "Why should I be getting all worked up?"

Hey, it's your life. If you want to spend your life getting worked up about things that are easily fixed, go ahead. But nothing you've stated amounts to anything that is going to get her lawyer a reprimand from the Bar, so why bother? Better to spend your energy fixing the problems to get on with your life.

Then there's the restraining order. Your attorney has been suggesting it for months and you chose to live with it rather than getting the restraining order. You made that choice over your attorney's advice.

If you want to live in a state of turmoil over easily fixed things, go ahead.

Oh, and you've received a suggestion on how to fix the problem - rent a storage space and transfer her items there. As near as I can tell, you've chosen to ignore that advice, too. However, before doing so, I would ask your attorney. I could see an argument that by moving her things, you are in contempt of court since the court says she's supposed to pick them up at your house. You might also become liable for any damages. You might well beat those arguments, but it could be an expensive battle. Ask your attorney first.
 
Hey, it's your life. If you want to spend your life getting worked up about things that are easily fixed, go ahead. But nothing you've stated amounts to anything that is going to get her lawyer a reprimand from the Bar, so why bother? Better to spend your energy fixing the problems to get on with your life.

Then there's the restraining order. Your attorney has been suggesting it for months and you chose to live with it rather than getting the restraining order. You made that choice over your attorney's advice.

If you want to live in a state of turmoil over easily fixed things, go ahead.

Oh, and you've received a suggestion on how to fix the problem - rent a storage space and transfer her items there. As near as I can tell, you've chosen to ignore that advice, too. However, before doing so, I would ask your attorney. I could see an argument that by moving her things, you are in contempt of court since the court says she's supposed to pick them up at your house. You might also become liable for any damages. You might well beat those arguments, but it could be an expensive battle. Ask your attorney first.

Please re-read. My attorney HAD suggested it a year ago. I chose not to live in turmoil. I filed for divorce, I filed for the restraining order.

Why in heck woul;d I move her stuff to some other location against what the judge ordered to happen. That would be playing her game.

I am realy an educated person with an established career that she sponged off of for way too long. She is very reluctant to just let go.
 

45Frank

Member
Been here done this !!
My Ex. was ordered 2-3 times to get her junk. She never showed and the local law was getting mad at me. I removed her stuff to a storage depot because I was moving had no choice, I paid 2-3 months then gave her pass code, gave co. her address for billing and let it go.
I was back in court and paid nearly a years worth of bills ($600.00)and was chastised by the same Judge who ordered her to move the stuff several times before.
THEY ARE WOMEN, we are only men.:confused:
 

mistoffolees

Senior Member
Been here done this !!
My Ex. was ordered 2-3 times to get her junk. She never showed and the local law was getting mad at me. I removed her stuff to a storage depot because I was moving had no choice, I paid 2-3 months then gave her pass code, gave co. her address for billing and let it go.
I was back in court and paid nearly a years worth of bills ($600.00)and was chastised by the same Judge who ordered her to move the stuff several times before.
THEY ARE WOMEN, we are only men.:confused:

it has nothing to do with gender. A woman who did the same thing would have been just as wrong - which is why I suggested above that OP should call an attorney before moving her stuff.

The proper procedure would have been to tell the judge that she's failed to pick up the stuff several times so asking for the court to order a mover to pick it up at her expense. Without a court order, doing ANYTHING with the other person's stuff is risky.
 
it has nothing to do with gender. A woman who did the same thing would have been just as wrong - which is why I suggested above that OP should call an attorney before moving her stuff.

The proper procedure would have been to tell the judge that she's failed to pick up the stuff several times so asking for the court to order a mover to pick it up at her expense. Without a court order, doing ANYTHING with the other person's stuff is risky.

The proper procedure WAS that I was in a hearing with the JUDGE and I told the judge she had not picked up her stuff 2 previous times. She was ORDERED by the JUDGE to get her stuff on a specific day and time.

You have just got done telling me I should have done something that I already have done!
 

mistoffolees

Senior Member
The proper procedure WAS that I was in a hearing with the JUDGE and I told the judge she had not picked up her stuff 2 previous times. She was ORDERED by the JUDGE to get her stuff on a specific day and time.

You have just got done telling me I should have done something that I already have done!

Would you please learn to read.

She didn't do what the judge ordered. That doesn't give you the right to take things into your own hands.

Since she didn't comply with the judge's orders, you have three options:

1. You can ask the judge to hold her in contempt. This could involve fines and even (in theory, although probably not in practice) jail time.
2. You can ask the judge for specific relief - hire a mover to move her stuff and make her reimburse you or else have a garage sale and give her the money or whatever.
3. Continue to whine about all the injustice and how terribly you've been treated.

She didn't comply with the judge's orders. You've said that multiple times. It happens. Now it's up to you to take action to fix the problem.
 
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