Do I have to give my ex-husband his stuff if he missed the date that he was to pick it up by?

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Do I have to give my ex-husband his stuff if he missed the date that he was to pick it up by?

Just went to mediation over personal property. My ex did not want any items from the house but was hoping for the money value. Our lawyer said that was not the intent in our divorce decree.We were instructed to separate the items whereas both of us would receive equal or close to equal value. Even though he didn’t want them, he agreed to take 9 items. We both signed a document that said all items to be exchanged by the end of last month (over 3 weeks ago). He never picked them up, nor did he ever ask about them. I am happy to give him the stuff now to get it out of my house, but there is one thing that I ‘d like to keep. What should I do?

Asked on July 23, 2011 New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should advise your divorce lawyer that youe ex-husband did not pick up certain items as agreed to the the marital dissolution agreement and list them. Advise your lawyer that you want them taken by your former husband and let your attorney write your husband's attorney (assuming he has one) so that the marital settlement agreement is complied with.

If your former husband still does not pick up the itmes after letters are exchanged, and you want some of the left behind items, ask your lawyer to prepare a supplemental agreement between you and your former husband to be signed by you and him allowing you to keep whatever left behind items you desire.


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