My divorce became final in September 2009. In early 2010 I had some personal items stole from a storage facility. At the time of the theft I was living in the family home and the homeowners insurance policy was in my and my ex-husbands name. Because we were both on the policy at the time of the theft, the settlement check came in both my and my ex-husbands names. I have asked him if he will sign the check if I forward it to him, however, he has not responded. Because he has behaved in a passive agressive manner for some time, I do not believ he will sign the check without a hassle. What series of steps should I take to insure that if I have to take him to court I will have a good chance of him being required to cover my costs?
1 Answer from Attorneys
If you have an attorney, your attorney should start out with a letter. Then if he fails to respond, the attorney would seek attorney's fees as sanctions for having to file an Order to Show Cause.
I suggest that you read your family law judgment carefully, and make sure that you have a complete understanding of insurance claims and requirements for the parties to cooperate with each other regarding the judgment.
If you don't have an attorney, I would still send him a letter first, so that you get your request in writing.