IS there any hope?

[MommaMouse]

I'm probably up sh*t creek, but I thought I would ask for opinnions.
Divorce was finialized in 2007 all assets and what not divided equally. I didn't realize at the time that I had left a box of my childhood stuff in his mothers attic, he has since opened this box and has given many pieces of it to the kids to play with at his house. I have asked for it back on many occasions but he refuses to give it back to me. I recently lost my grandfather and one of the items in the box was a chess set made by my grandfather. This of course has stirred this crap up again and I have once again asked for it back. His theory is it was matremonial property and it is just as much his as it is mine. Is this true? Is there anything I can do or is it just gone now?

[Mess]

It's not matrimonial, your property is your property. You would get an order for it's return faster through small claims court.

You should send him an email and an identical registered letter explaining in a clear, professional way that the box contained personal possessions of yours, inherited from your family and not matrimonial property "by any definition in the Family Law Act." State clearly and again professionally (not emotionally or threateningly) "that the property is to be returned to you complete and in good condition immediately. Please state a time and date within the next 14 days that will be convient for you. If the property is not returned I will be forced seek its return through legal means. Yours truly, etc. etc."

Be clear and assertive. You don't have to say please, but don't be rude either. If you have to go to court this letter is your evidence that you sought to settle the matter out of court in a reasonable way and were refused.

[MommaMouse]

Thanks but is there statute of limitations though, since it has been in his possesion?

[MommaMouse]

Also what happens if he decides to destroy it out of spite?

[Mess]

That's up to you, I would take him to court and sue for damages in addition to the value of the property.

There is no need for "spite", it belongs to you, you are not taking something that is his.

There is no "statute of limitations" in Canada. Some legislation spells out limits but this is not limited. This has nothing to do with equalization or marital property, it is YOUR property that he has no right to. That you had forgotten it is fully reasonable explanation for the delay.

[qtpys4]

I dont have any suggestions for you...my heart was breaking as I read your story and I just wanted to say, how mean your ex is. It's so hard to believe that we can be married and have children with someone who can be so immature, petty and just nasty. Those pieces of yours have emotional, irreplaceable value and for him to be so mean is just disgusting. I hope you find a way to get those mementos back.

[standing on the sidelines]

considering it is at his mothers, maybe talk to her and see if she will give it to you. i am not sure you could sue him either. Its at his mothers place so she has care and control of the objects. Just be sure to thank her for storing it all these years and if she gives it to you make sure you take a little gift to show your appreciation.

[CCB]

I might try his mother since it's at her place. I would explain that you normally wouldn't approach her, but since you lost your grandfather this means a lot to you and you would like to have it back so that you can keep it in good condition to maybe pass along to your kids someday.

All the best!