Jewellery
- Thread starter May_May
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standing on the sidelines
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call the police and have him charged with theft
May_May
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He is in the marital house and I still haven't moved out most of my personal belongings as he told me I couldn't remove anything else from the house. (In a nutshell...I moved out Jan 1. as he said he would buy me out. I was paying for half of mortgage, insurance, prop. tax for him (including my outrageous rent to be 2 streets away for the kids) and he still hasn't bought me out. Lawyers are now involved).
I asked him to give me my jewellery because he had hidden it all and he has said no, and that it will get listed for court and split and he takes half ? that doesn't appear to be right to me. I have jewellery from my parents, sister, friends, stuff I purchased (pre and post marital), and gifts from him.
There is no agreement yet as it's still being worked on (forced from me down because he won't negotiate) so it has to go through the lawyers...
Can I still call the police to make him give it to me ?
I asked him to give me my jewellery because he had hidden it all and he has said no, and that it will get listed for court and split and he takes half ? that doesn't appear to be right to me. I have jewellery from my parents, sister, friends, stuff I purchased (pre and post marital), and gifts from him.
There is no agreement yet as it's still being worked on (forced from me down because he won't negotiate) so it has to go through the lawyers...
Can I still call the police to make him give it to me ?
wretchedotis
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call the police to be present at the house for you to remove your personal belongings.
Be prepared to categorize them as you remove them so that they may be considered when your assets are divided by the court (or agreement).
Be prepared to categorize them as you remove them so that they may be considered when your assets are divided by the court (or agreement).
May_May
New member
1) Any advice on if I should purposely have my ex at the house when doing this for court later ? or can I do it when he is not there ?
2) He has hidden my jewellery in the house somewhere (ironically I don't want the engagement ring...I only want what is mine, and he still won't give it to me) so can the police make him present the jewellery ? As the pieces I want mostly have sentimental value I'm worried he will pawn them which is why I want to get them before he does...
Any advice/comments is greatly appreciated as I'm at a loss. My family has had to help me furnish this rental as he won't let me take anything from our house (even though I've paid half of his bills for over half a year and not lived there !)...
Call the local police station and ask them if:
Oh yeah, call the local pawn shops and give them descriptions of your items. Tell them to call you if he is there or if they already have the items.
- this constitutes theft
- if they will accompany you if you make a detailed list
- if they will charge him if he refuses to hand over your personal belongings.
Oh yeah, call the local pawn shops and give them descriptions of your items. Tell them to call you if he is there or if they already have the items.
Your personal property is your personal property and he has no right to it.
He may have a claim for any increase in value, but that gets added to equalization calculations. The property is yours.
If he is withholding it then it is theft.
A divorce lawyer is not a specialist in criminal or civil law and will not have the answers you need. They will dance around, say they'll get back to you etc. They will rarely be capable of representing you on these issues. Often they will say things like "don't worry about it, we'll sort it out" and then 6 months later your jewelry is sold off and lost forever.
The police may or may not take you seriously, but you MUST go to the station and file a report. This is the first step before you can take any other action. You will likely have to go to a justice of the peace and swear out a complaint against your ex.
You should call the Law Society of Upper Canada referral service, explain this SPECIFIC issue, don't get sidetracked into your divorce case. Get a referral specific to a lawyer that can handle a civil property suit. You will get a free 1 hour consultation, have a list of questions and a list of your belongings.
He may have a claim for any increase in value, but that gets added to equalization calculations. The property is yours.
If he is withholding it then it is theft.
A divorce lawyer is not a specialist in criminal or civil law and will not have the answers you need. They will dance around, say they'll get back to you etc. They will rarely be capable of representing you on these issues. Often they will say things like "don't worry about it, we'll sort it out" and then 6 months later your jewelry is sold off and lost forever.
The police may or may not take you seriously, but you MUST go to the station and file a report. This is the first step before you can take any other action. You will likely have to go to a justice of the peace and swear out a complaint against your ex.
You should call the Law Society of Upper Canada referral service, explain this SPECIFIC issue, don't get sidetracked into your divorce case. Get a referral specific to a lawyer that can handle a civil property suit. You will get a free 1 hour consultation, have a list of questions and a list of your belongings.
May_May
New member
Thank you all for your advice. I finally received 90% of my jewellery back ! Most importantly the pieces from my family and friends. What is missing I am not worried about, but will have documented. In the report, legal documents I let him keep our childrens jewellery and manage it, and told him to keep all of the family jewellery that was given to me from his parents (as I have always requested/wanted). I am so at peace now that I have my items from my dad and sister who have both passed away...YAY !!!
A HUGE THANK YOU Sideline, Wretched, Momof6 and MESS !!!!
Highs and Lows in one day ! Now I have to deal with his financial disclosure which was finally finished, and his lies, hiding bank accounts, hiding property ownership, asking for spousal support from me ... etc ! YUK...(I wonder why it's been storming, cloudy and dark outside...must have been while he was having his financials signed off in front of the judge/sworn affidavit ! big dark cloud over that signage !)
A HUGE THANK YOU Sideline, Wretched, Momof6 and MESS !!!!
Highs and Lows in one day ! Now I have to deal with his financial disclosure which was finally finished, and his lies, hiding bank accounts, hiding property ownership, asking for spousal support from me ... etc ! YUK...(I wonder why it's been storming, cloudy and dark outside...must have been while he was having his financials signed off in front of the judge/sworn affidavit ! big dark cloud over that signage !)
standing on the sidelines
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glad to here that you got most of your personal stuff back. That must be a load off your mind!
torontonian
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Can you please let us know how you got them back? Same situation here, listed my personal belongings on 13.1, and judge at CC asked X to grant me access to get my things back, but I'm still waiting for a date to go in... 
May_May
New member
I just followed the previous advice...
1. Created an itemized listing of jewellery
2. Had my lawyer send his lawyer. Letter indicating I wanted to pick up my personal assets from the house. (clothing and jewellery)
3. Got a response back that I could collect my clothing but I needed to give notice before going to house. He also indicated he did not know about any of the jewellery in the list. I filed a report with police at this point
4. Sent a response back to his lawyer that we were going to court and he would be responsible for all costs
5. Then his lawyer called mine and said I could pick it up Anytime from the house (it was scary...he left it at the front door and was there watching me behind the laundry room door...I should have had the police or someone go with me as he is violent...lesson learned ! I still have to get my clothes but I need to arrange for the police or a witness to be there)
I do have items still missing but I am not too concerned about them in the big picture. I will just add it to my financial statement/disclosure that he has these assets.
1. Created an itemized listing of jewellery
2. Had my lawyer send his lawyer. Letter indicating I wanted to pick up my personal assets from the house. (clothing and jewellery)
3. Got a response back that I could collect my clothing but I needed to give notice before going to house. He also indicated he did not know about any of the jewellery in the list. I filed a report with police at this point
4. Sent a response back to his lawyer that we were going to court and he would be responsible for all costs
5. Then his lawyer called mine and said I could pick it up Anytime from the house (it was scary...he left it at the front door and was there watching me behind the laundry room door...I should have had the police or someone go with me as he is violent...lesson learned ! I still have to get my clothes but I need to arrange for the police or a witness to be there)
I do have items still missing but I am not too concerned about them in the big picture. I will just add it to my financial statement/disclosure that he has these assets.
torontonian
New member
Thanks - I couldn't bring the cops into this, too scared to rock the boat... I'll keep trying through the lawyers, it's between the X and X's conscience now...
May_May
New member
torontonian-I didn't add the email requests to him, and a couple of conversations requesting the items from my family back. He told me I deserve nothing, and he will decide if I should ever get anything back when it's all done. Then he lied through the lawyer's response.
It was my only chance of getting these items back 'safely' and 'legally'. The boat rocked everyday when I was with him in a negative / abusive manner...I was petrified with each step. I have the legal system, and the police to assist me if needed and ensure I am treated fairly.
Good luck ! This is a terrible thing for any of us to be going through ! I see the light though...it's there and it's bright !
It was my only chance of getting these items back 'safely' and 'legally'. The boat rocked everyday when I was with him in a negative / abusive manner...I was petrified with each step. I have the legal system, and the police to assist me if needed and ensure I am treated fairly.
Good luck ! This is a terrible thing for any of us to be going through ! I see the light though...it's there and it's bright !
Jewelery you owned/ were given before marriage is exempt from property distribution.
Also I don't really agree that one party gets to keep all the mat property when the other one leaves. This is arguable. Except if one person was forced to leave due to Restraining Order or similar.
I think that as long as the party keeps a list of what he/she is storing after separation (as suggested by previous response) , and gives that list to the other party , then really it should be ok.
As long as property is not sold or transferred, why should it make a diff who is storing it prior to matrimonial property settlement.
Also I don't really agree that one party gets to keep all the mat property when the other one leaves. This is arguable. Except if one person was forced to leave due to Restraining Order or similar.
I think that as long as the party keeps a list of what he/she is storing after separation (as suggested by previous response) , and gives that list to the other party , then really it should be ok.
As long as property is not sold or transferred, why should it make a diff who is storing it prior to matrimonial property settlement.
May_May
New member
Agreed. All jewellery should belong/be given to each spouse. Any attained during marriage would be subject to equalization if any value increase.
Unfortunately that's not the way it works. My stbx said he would buy me out of the house. I left/moved. I cannot get any of the mat property right now (only my personal items) until it is determined through the equalization process. He will have to pay me for half of the value, or we agreeably divide the mat property. Thank god for family/friends...they have furnished my lease. The way this is going it will probably be 2 years before it's finished in its entirety.
See above...It's an impact to the partner who moved out and has no furnishings. Then it will be determined whether or not the other buys out your half of the value of the assets, or you can split amicably. In my situation my stbx has said he will give me nothing from the house.
When it came to all the items in the house I took my camera and shot pics throughout the whole house before I left. I knew he would sell whatever he could and sure enough he did. Did I see any of that money...nope. The only things I took from that house were, a bedroom set, a living room set, some sheets, towels, face cloths, coffee and end tables, some dishes and cutlery. I left him everything else. He also had a bedroom set, the kitchen set, the buffet and hutch, TV and entertainment centre, coffee and end tables, lamps, picture stand, the furniture in the other spare bedroom, desk, pantry, pots, pans, all the china in the hutch, ect. Now here's the kicker, his lawyer said in a brief to mine..."my client had to empty the house of all the furniture he couldn't take with him and had to clean the house alone for the closing date on July 1, 2011. I cleaned that house up and down for the last 34 years and he complained because he had to do it alone. Incredible!!! 
Oh well, I alone, have a new apartment by the water...the St. Lawrence is in my backyard. I'm happy now, free, and life is good....for now ;-)
Oh well, I alone, have a new apartment by the water...the St. Lawrence is in my backyard. I'm happy now, free, and life is good....for now ;-)
May_May
New member
He did not list his 'jewellery/watches' in his financial statement. I will list mine but I will put them down as gifts (as they all were). If he can prove an increase of value (he has the original appraisals for a couple of the items) to today...then I will have to give him half of the increase.
He has bank accounts that he has indicated are joint, and the numbers are not our accounts and neither are the supposed balances !
Lorac-I wish I had of taken pictures or video. I will when I can get in there to get my clothes with my witness. And why didn't you continue to go in and clean for him ? You are so neglectful ! (ha)... I got a phonecall after I was out for 1 month, yelling at me asking me when I was going to go there to wash the kids clothes for when he has them !
Free life is priceless...
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