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Soon to be ex-wife has possession of marital residence pursuant to divorce decree, however, STBE has moved out of marital residence while its being marketed for sale. STBE has moved all belongings from house including filing cabinets containing various sensitive documents including tax returns, social security cards, birth certificates, etc.
I need tax returns immediately for bankruptcy filings, social security card and birth certificate for proof of residency as condition of employment offer. I realize I can get these things through other avenues but time is of the essence.
Does a spouse have any inherent rights, absent any express rights contained in the Consent Order, to such documents when in the possession of the STBE such that failure to provide upon request constitutes a contempt violation of the Consent Order? Do I have any leverage to persuade her to provide in a timely fashion?
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If the order contains language that requires her to return your personal property to you then she may be in violation.
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