Stealing property?

[ICUB4ER]

What is the name of your state? Kansas

I am soooo beyond p*ssed! I spent the day with my parents and when I came home, I noticed that the gates weren't closed tight. I checked the back yard and found that EVERY single power tool is gone, along with both welders and the acetyline tank. The shed door doesn't fit right and won't close, so there was no way to lock it shut. Since he has been griping about wanting HIS tools, I know where they went, but I can't prove it. Now what do I do??? I know I will be calling my attorney Monday to let her know. He has now taken every tool except for a few hand tools that remain in a standing toolbox. Almost everything is GONE! There was literally THOUSANDS of $$$ in woodworking and mechanics tools out there that we aquired over our 15 year marriage because we did woodworking and car restoration as hobbies.
We are still going off of the temp order which states that when he left he could only take his truck and personal belongings. Well, the day he left, he also snuck a bunch of tools in the truck too. I told my attorney and she sent his attorney a letter telling him that NOTHING else was to be removed from here. Now this.

 

[justalayman]

and the answer is**************wait..what's the question?

File a police report and call your attorney.

(We know you are so pissed but, just be sure it was him and not somebody else)

 

[ICUB4ER]

He admitted to me tonight that he came over while I was gone a couple of weeks ago and took them all. He said that his attorney told him that they were his personal property and to come and get them. My attorney said that since we both used them for our hobby that we participated in together, that they were marital property and that he was not to remove them from the property because they would be a part of the property division. I called the police to file a report and the officers told me that they couldn't file a report because the temp order doesn't state specifically what items he is allowed to take. Which attorney is right here??? Are the tools all his because he is a man and says they are his, or are they ours because we both used them?

 

[brisgirl825]

He admitted to me tonight that he came over while I was gone a couple of weeks ago and took them all. He said that his attorney told him that they were his personal property and to come and get them. My attorney said that since we both used them for our hobby that we participated in together, that they were marital property and that he was not to remove them from the property because they would be a part of the property division. I called the police to file a report and the officers told me that they couldn't file a report because the temp order doesn't state specifically what items he is allowed to take. Which attorney is right here??? Are the tools all his because he is a man and says they are his, or are they ours because we both used them?

You need to have your atty file a motion asking that your stbx, pay you half of the value of the marital property that he took from the home.

Without a CO speciafically outlining what his personal property was/is, technically, he could take those things. However, you can recoop some of the value if a motion is filed for those things. I expect your husband to argue the tools were his simply based on the fact that he's the male and would be the more obvious user of the equipment. Be prepared to show proof that the items were joint property.

 

[ICUB4ER]

How can I prove that they are joint property???

 

[Bali Hai]

How can I prove that they are joint property???

You both will have blisters, callouses and scars on your hands from using them.

Be prepared to demonstrate to the court your knowledge of the operation of the equipment.

 

[ICUB4ER]

That is definately not a problem as I used them just as much as he did and can operate any tool they put in my hand.

 

[Bali Hai]

That is definately not a problem as I used them just as much as he did and can operate any tool they put in my hand.

Since you are skilled to operate any tool they put in your hand and the equipment was aquired during the marriage, I think that should be sufficient proof.

Now, since he has the tools and you want half their value, I'm sure you both can come to a fair assesment of the worth.

If not, it may not be worth using attorneys, appraisers and courts to collect.