QUESTION
How can I legally notify him and get rid of his items if he does not come and get them?
Asked on Jan 14th, 2014 on Divorce - Washington
More details to this question:
My divorce is final and my ex husband will not remove his personal property from my home and detached garage.
7 ANSWERS
Walter H. Bentley
You should follow the directions in your Judgment of Divorce. If your judgment did not address this issue, then you should give him a reasonable time (at least 30 days) to come get his items. Send him a letter explaining this. Send one letter via regular mail and another copy of the letter via certified registered mail. You could also have your lawyer request a court hearing and have the Judge make a decision as well.
Answered on Jan 17th, 2014 at 4:33 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If the decree of divorce awarded you all the property in your possession(which it probably did) then that property is now yours. If his stuff was itemized in the decree then there should have been a date and time when he should have picked the property.Check your Decree.
Answered on Jan 16th, 2014 at 1:22 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Send him a certified mail letter indicating a date by which he must remove his property.
Answered on Jan 16th, 2014 at 1:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Speak with your attorney, check the judgment and if necessary get an order to force his action (or lose his rights to the property).
Answered on Jan 16th, 2014 at 1:21 PM
Have you considered giving him notice ,by pre-paid postage return receipt requested, that you will have his stuff put into storage? It seems to me that if you give him 10 days to remove his stuff and he doesn't, you could put it into storage and let him pay the bill if he wants to get his stuff out of storage. Be sure, however, to let him know, in the Notice, of your intentions to put it into storage and not pay the monthly storage fee. Good luck.
Answered on Jan 16th, 2014 at 1:21 PM
Give him written reasonable notice of a time frame in which to get it done or you will donate it all. If he does not get it then donate it.
Answered on Jan 16th, 2014 at 1:21 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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In the decree or property settlement agreement, was there a date by which he had to remove his things? If so, he has until that date. If not, you can make a motion at which you ask the court to set a date by which he has to remove his things. I suggest you send him a letter via registered mail and e-mails asking him when he is going to pick his things up. If he doesn't set a date or if he responds and doesn't set a time, you should use both your letter and e-mail and his responses as evidence for your motion. If he writes back to say, he doesn't want the stuff, you can give it away, but keep the written response so you have proof.
Answered on Jan 16th, 2014 at 1:20 PM