How long mustI wait for my ex-husband to remove his personal property from my home before I can dispose of it?

UPDATED: Dec 28, 2011

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How long mustI wait for my ex-husband to remove his personal property from my home before I can dispose of it?

There are certain items that are still at my home that were given to my ex-husband in our divorce agreement. How long does he have to remove them from my property?

Asked on December 28, 2011 under Family Law, South Dakota


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Usually the terms of the divorce agreement dictate how long he would have to remove the property out of the house. If it does not say this, then what I would do is send him a certified letter giving him 60 days to remove his property. Indicate in the letter that if he does not remove the property or make alternate arrangements for the property that you will deem it abandoned and take possession of it. See how he reacts. If he does not respond then just get rid of the stuff after the time frame given. If he does respond and needs more time, try and work something out with him. If he takes you to court to prevent you from getting rid of the things, tell the court that you want to charge storage if you are forced to maintan his things.   

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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