How to legally remove myex-spouse’s personal property out of my home after our divorce is finalized?

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How to legally remove myex-spouse’s personal property out of my home after our divorce is finalized?

I recently got my divorce case finalized with the effective termination date in 05/11. The house was awarded to me by the court as my separate property. However, there is still some old furniture stored in my garage that belongs to my ex-wife prior to our marriage. She agreed to remove it, but she never came. If she were to postpone removing her stuff indefinitely, what should I do to dispose of this stuff?

Asked on March 9, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a touchy situation.  I am sure that emotions are running high right now but please do not do anything rash with her stuff.  Can you have you attorney contact her attorney about the stuff?  Ask him to give her a few dates that you are available for her to come and get the items.  Give a time frame as well.  Let her know that the court order says xyz and that she has to come and get the stuff by then.  I say to have your attorney help because then it can be established that you gave her notice of the obligation to get it out.  There may be a need to establish an intent to abandon the property before you can touch it.  Otherwise you could find yourself in a tough bind. 


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