Expert: Michael Troy - 4/18/2004

Question
I had all of my personal belongings taken from me at the time of my divorce, a motion was filed to get it back, I was unable to get anything back, I think my constitutional rights have been violated. What do I do next?   Thanks, Nathan

Answer
Hi Nathan,

There are two parts of the Constitution that deal with the right to property.  First, one may not be deprived of property without due process of law.  Second, when property is not taken for violations of law, one has a right to just compensation.

Divorce law is tricky since the courts are actually making the determination as to what property is your and what is your spouse's.  If they determine that something you thought was yours is actually rightly your spouse's, that is not considered a "taking" but is considered a return to the proper owner.

You could probably bring a separate litigation arguing that the judge failed to follow State law in your case, or that the state law itself unconstitutionally deprived you of your property.  But such a case is a MAJOR uphill battle with little likelyhood of success.

Your best bet is finding an attorney who understand divorce law in your state and who is willing to make the complicated legal argument as to why it is unconstitutional.

I hope this helps!
- Mike