QUESTION
Can I throw my ex wife's things without getting into trouble?
Asked on Nov 29th, 2013 on Divorce - Florida
More details to this question:
My wife left on 30th June 2013. We were trying to work things out but I felt she was getting too close to another man. Which now I know she is. She said we were getting a divorce on 26th August 2013. We are not legally separated. 4 to 6 weeks ago, I typed up a letter giving her a dead line when to pick her things up. She has only picked up a few items. It being at the end of November, can I throw her things away without getting into trouble?
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No. They don't belong to you. I suggest you put all of her things in boxes and rent a storage facility and put the items there. Pay the first month's rent, send her the access information along with a bill for the rent. This assumes of course that you are renting your place and your residence is not community property. If it is community property, you may have to allow her access.
Answered on Dec 04th, 2013 at 3:30 PM
No, without a court order allowing you to dispose of what she has left behind you open yourself up to the charge that you disposed of valuable property of hers. You should consult a family law attorney or facilitator to assist you with a motion about the personal property.
Answered on Dec 04th, 2013 at 3:30 PM
Bruce Provda
Depending on how large they, you could just send them to her.
Answered on Dec 04th, 2013 at 3:29 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In instances like this I usually say yes.. but the fact it she is still your wife. So rent a storage unit.. pay for 1 month rent move all her stuff to that storage unit.. tell her how to access it and the deadline for removing her stuff or paying the storage fees. if she fails to pick it up or pay its her fault not yours.
Answered on Dec 04th, 2013 at 3:29 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No, you can not throw her things away. File for a divorce and make a motion for temporary orders. Among other things the court can then set a deadline by which she has to pick her personal things up. Meanwhile, all the community property and debts have to be divided as well. That's all part of the divorce process.
Answered on Dec 04th, 2013 at 3:29 PM
Rather than throw her things out, I would suggest you consider putting them in storage, if you do not want them around. Good luck.
Answered on Dec 04th, 2013 at 3:28 PM
No. It would be an intentional damage to personal property. Tell her you will be charging her storage for as long as things are left there. File your divorce papers and get a court order for her to remove the things or to let you get rid of them. Get the court to help you.
Answered on Dec 04th, 2013 at 3:28 PM