Divorce Property Distribution Appeal

I was divorced in *. I as well as my ex husband represented ourselves in our divorce hearing. We were granted our divorce for irreconcilable differences. I was awarded custody of our children. We aquired our home and *.* acres during our marriage in *. When we divorced we made personal agreements that we testified in court were satisfactory and that all marital property to be divided had been done so. I was also awarded the entitlement of changing my name back to it's former maiden name. Years later after divorce has been final, actually in Aug, * I was petitioned to court for a complaint filed. My ex-husband filed a contempt complaint on grounds that I did not comply with my divorce order and change my last name or sign a deed that I was to sign. I disagreed and filed a response and went to court. The judge did not hand down an order the day of my hearing. I received my order on Friday, August *, *. In the order the contempt complaint was denied because of no ground to find me in contempt yet, I was ordered, even though my argument had "strength" to it and in West Virginia, to my understanding, we abide by WV Code stating property distribution, if considered marital property, will fall under "equitable distribution", to sign all paperwork and so on transferring my ownership of our marital property to the sole ownership of my ex husband. I believe my rights have been overlooked and a mistake has been made. I want to appeal but I do not know how to go about this on my own.

I have the Deed which reads as Joint Tenants and not as Tenants in Common with rights of survivorship, my divorce order stating my ex husband and myself had divided all marital property to be divided and had done so satisfactorily, I have my marriage certificate showing my marriage was in * and the deed states we did not aquire the property until *. We have co-owned the property since * with no change until now

I just received the order and have not transferred anything yet. I was given 30 days to do so beginning on August *,*

I received the court order Aug, *, * it was filed on Aug, *, *

Contempt of Court Complaint

Not changing my last name from my married name to my maiden name and for not signinga deed

I requested for the right to change my last name to my maiden name. Once my divorce was final my ex-husband and I talked and decided it was best to leave it as my married name for our children because they were of school age at the time. There is nowhere in my divorce order stating I was to change my last name nor did it say there was a set time or date in which I was to do so. Also, there is nowhere in my divorce order stating I was to sign a deed of any kind anywhere ever.

There is no wording what so ever pertaining to a deed of any kind. The exact wording pertaining to the change of my last name is, "The Wife is entitled to change her last name of **** to her former maiden name of Kraus"

It reads, " although **** has strength behind her argument the court finds the divorce order handed down by judge sowa needs modified. Both parties agree that the property was gave to them by Helen ****,Larry Christopher ****, in *. Both parties agree that they were married in *. Both parties agree they knew both there names were on the deed and testimony was made that it was out in their names to keep the property within the family and eventually their children, however it was not made clear as to why the property stayed in both their names even though they were divorced. In testimony it was said an agreement was made between the parties that the husband was to pay the property tax in place of child support. In * the property tax was delinquent and Larry **** paid for redemption in *. This made the property no longer a marital property and **** **** no longer held any title there she is to sign all paperwork necessary to transfer ownership to Larry **** Solely.

It was filed on Aug *, * and I received it on Aug, *, *

There is no wording what so ever pertaining to a deed of any kind. The exact wording pertaining to the change of my last name is, "The Wife is entitled to change her last name of **** to her former maiden name of Kraus

FreeLawChat I am FreeLawChat and I provide legal assistance to help you with your legal issue. What is your name? **** **** Nice to meet you, **** ****. Could you please describe the legal issue you're facing I was divorced in *. I as well as my ex husband represented ourselves in our divorce hearing. We were granted our divorce for irreconcilable differences. I was awarded custody of our children. We aquired our home and *.* acres during our marriage in *. When we divorced we made personal agreements that we testified in court were satisfactory and that all marital property to be divided had been done so. I was also awarded the entitlement of changing my name back to it's former maiden name. Years later after divorce has been final, actually in Aug, * I was petitioned to court for a complaint filed. My ex-husband filed a contempt complaint on grounds that I did not comply with my divorce order and change my last name or sign a deed that I was to sign. I disagreed and filed a response and went to court. The judge did not hand down an order the day of my hearing. I received my order on Friday, August *, *. In the order the contempt complaint was denied because of no ground to find me in contempt yet, I was ordered, even though my argument had "strength" to it and in West Virginia, to my understanding, we abide by WV Code stating property distribution, if considered marital property, will fall under "equitable distribution", to sign all paperwork and so on transferring my ownership of our marital property to the sole ownership of my ex husband. I believe my rights have been overlooked and a mistake has been made. I want to appeal but I do not know how to go about this on my own. In West Virginia: - Marital property is divided equitably, not necessarily equally. - Appeals must be filed within 30 days of the order. - Contact the West Virginia Supreme Court of Appeals for more information. What evidence do you have to support your claim that the property division was not equitable I have the Deed which reads as Joint Tenants and not as Tenants in Common with rights of survivorship, my divorce order stating my ex husband and myself had divided all marital property to be divided and had done so satisfactorily, I have my marriage certificate showing my marriage was in * and the deed states we did not aquire the property until *. We have co-owned the property since * with no change until now Is it still under joint ownership or has it been transferred to your ex-husband as per the court order What is the current status of the property I just received the order and have not transferred anything yet. I was given 30 days to do so beginning on August *,* This is important to determine the deadline for filing an appeal. In West Virginia, appeals must be filed within 30 days of the order. What is the exact date you received the court order I received the court order Aug, *, * it was filed on Aug, *, * What is the exact nature of the complaint your ex-husband filed against you Contempt of Court Complaint What specific actions were you accused of in the Contempt of Court Complaint Not changing my last name from my married name to my maiden name and for not signinga deed What is the reason you didn't change your last name or sign the deed as per the divorce agreement I requested for the right to change my last name to my maiden name. Once my divorce was final my ex-husband and I talked and decided it was best to leave it as my married name for our children because they were of school age at the time. There is nowhere in my divorce order stating I was to change my last name nor did it say there was a set time or date in which I was to do so. Also, there is nowhere in my divorce order stating I was to sign a deed of any kind anywhere ever. What is the exact wording in your divorce order regarding the change of your last name and the signing of the deed There is no wording what so ever pertaining to a deed of any kind. The exact wording pertaining to the change of my last name is, "The Wife is entitled to change her last name of **** to her former maiden name of Kraus" What is the exact wording in the court order that you received on August *, *, regarding the transfer of property ownership It reads, " although **** has strength behind her argument the court finds the divorce order handed down by judge sowa needs modified. Both parties agree that the property was gave to them by Helen ****,Larry Christopher ****, in *. Both parties agree that they were married in *. Both parties agree they knew both there names were on the deed and testimony was made that it was out in their names to keep the property within the family and eventually their children, however it was not made clear as to why the property stayed in both their names even though they were divorced. In testimony it was said an agreement was made between the parties that the husband was to pay the property tax in place of child support. In * the property tax was delinquent and Larry **** paid for redemption in *. This made the property no longer a marital property and **** **** no longer held any title there she is to sign all paperwork necessary to transfer ownership to Larry **** Solely.

reads, " although **** has strength behind her argument the court finds the divorce order handed down by judge sowa needs modified. Both parties agree that the property was gave to them by Helen ****,Larry Christopher ****, in *. Both parties agree that they were married in *. Both parties agree they knew both there names were on the deed and testimony was made that it was out in their names to keep the property within

the family and eventually their children, however it was not made clear as to why the property stayed in both their names even though they were divorced. In testimony it was said an agreement was made between the parties that the husband was to pay the property tax in place of child support. In * the property tax was delinquent and Larry**** paid for redemption in *. This made the property no longer a marital property and **** **** no longer held any title there she is to sign all paperwork necessary to transfer ownership to Larry **** Solely.