Navigating Divorce and Personal Asset Retrieval in New Jersey

Divorce, Dividing Assets, and Retrieving Personal Property Can Be Complex. Mediation Or Legal Assistance May Be Needed.

Divorce includes a seemingly endless list of issues to work through. One of the most complicated and often conflict-ridden is the division of marital assets through the New Jersey equitable distribution process. However, determining who will get what shared assets is not the only distribution issue that often arises. Sometimes, even getting your own personal property back from the shared home can prove to be a challenge. Ideally, you and your ex-spouse will be able to amicably work out an agreement to return each of your personal items and distribute marital assets in a fair and mutually beneficial way. If mediation or litigation is required to do so, you definitely need professional legal support.  If you are in the process of divorce and your ex is refusing to return your personal property, contact our team at Bronzino Law Firm today to learn how we can work on your behalf to get you on the road to the rest of your life. Read to learn more about some of the challenges involved with the disposition of personal property in a New Jersey divorce.

Advantages of Resolving Personal Property Division Out of NJ Court

The reasons to work out the division of personal property outside of court are easy: time, money, and mental health. Getting wrapped up in the court system means court dates you don’t control, attorney and court fees that eat into your savings, and headaches as you navigate the stress of a likely high-conflict divorce. When possible, advantaging quality legal support and professional services like mediation are much more gratifying ways to go.

Keep a Catalogue of Your Personal Property

Both personal and marital property will be distributed in a divorce. That being said, you have rights to your personal property – that which you owned before the marriage and small personal items like toiletries and most clothes. – and barring conflict, you’ll be able to retrieve those before the divorce is complete. Most everything else that you and your spouse acquired during the marriage is subject to equitable distribution. Make a comprehensive list of all of your personal items, as well as all marital assets that you would like to take in the divorce, as well as its value. Small personal items that are valued at less than $300-$500 would ideally be able to be returned informally without court intervention. Larger personal items can be claimed in the official settlement agreement to ensure that there is a legal determination of return. Whether or not a formal agreement is ultimately required to get your personal items back, it’s important to have them cataloged for easy transfer.

Voluntary Delivery Procedure to Retrieve Personal Items

Voluntary delivery is the means by which each spouse can recover their personal items without court intervention. Upon coordination, spouses can return to the marital home for personal items that they have both agreed are the property of each individual unless some court order, such as a restraining order, prevents them from entering the property.

Third-Party Resolution Methods for NJ Division of Personal Property

If spouses can’t agree on what belongs to whom, a third party will need to get involved. This could take the form of a mediator, or the couple could take the issue of assets distribution to court through litigation. Whether the divorce and distribution of personal and marital items is handled privately, through mediation, or through litigation, the end result will be a settlement agreement. This agreement outlines distribution and procedure for retrieval. In some high-conflict cases, the court order will call for a third party, such as a law enforcement officer, to accompany a spouse to the marital home to retrieve their items.

Legal Ramifications of Non-Compliance in Asset Distribution

Once assets have been equitably distributed and a final court order has been issued, a person will be held in contempt of court if they refuse to hand over personal or marital assets as outlined in the settlement agreement. Contempt of court could even result in jail time for the individual.

Retain a Divorce Lawyer to Help you Divide and Recover Personal Belongings in New Jersey

You have a legal right to recover your personal items in a divorce. A seasoned attorney like the members of our team at Bronzino Law Firm will facilitate the means necessary to ensure that you not only recover your private property but that you are fully and fairly compensated in the asset distribution and all other processes of divorce in Wall, Jackson, Belmar, Brick, Red Bank, Manalapan and throughout Ocean and Monmouth County. Contact us today at (732) 812-3102 for a free and confidential consultation to discuss your divorce.