I would wait until the final divorce. If she still has not claimed her property then it becomes yours to dispose of as you would you own. If there has been no Equitable Distribution claim filed then up until time of absolute divorce either of you can still file one, even if property has already been divided up and agreed upon with a separation agreement. Read the section on the home page here for FAQ’s on Division of Property.
Thanks. I will try to resolve this matter as evenhandedly as possible…even if it requires extra effort and expense on my part. In the big scheme of things, this is just a tempest in a teacup. I was just curious about all of my options should this matter still be up in the air at the time of final divorce.
My wife abandoned the house 2 months ago and has left a bunch of items here that I want gone. I read the previous posts regarding disposal of items such as these, but I’ve offered to bring them to her anywhere she wants…it’s becoming a stall tactic and I don’t plan on disposing of them, but rather just drop her items off at her house when she’s not there…one thing in my favor is one of her ex’es (she’s had 3 already) is the Chief of Police in our town and is willing to document the transfer of these items to her house…am I still stuck with them or should I proceeed ??
Rick
I would say that you could get a police officer, not the ex, to meet you at the residence so that the property you leave can be verified. List each item and approximate value and have the office “witness” that.
You could have the officer follow you to a rental storage unit for the same purpose, (and keeps you away from her private residence) Rent a unit for one month and let the owner of that unit know that that is the only month you are paying for. Make sure to let her know, in writing, several weeks prior to you taking the items there. Give her the date and time you will be there so that if she would like to show up to verify items she can and you will still have an officer there for that 3rd party “witnessing”. If she doesn’t show up, take the key to her with the list of items placed in and “witnessed” by the officer and let her know the date that she needs to either pay for the building or move the stuff out. Keep copies of everything; the letter you send her, the list of items, the rental agreement, the canceled check or receipt of payment for the storage unit.
I only suggest not using an ex of hers due to that if something were to happen to any of the items and it were to end up in court over property damage, the ex wouldn’t be a credible witness regardless of him being an officer of the law.
My husband’s ex tried to get him to pay her $3000 for “Beanie Babies” she had stolen out of her storage building. He paid for the building for a month but told her to get a lock for it. She didn’t and as a result things were stolen. She harped on that money for months, even after the divorce was final. Everytime he spent money on the kids medical or dental and ask her about paying 1/2 she told him he owed her that for letting her stuff get stolen.
Thanks Stepmother…that sounds like a great option. Always good to have them.
Rick
Greetings,
My wife and I separated during the Fall of 2005. I retained the house and refinanced soley in my name as per the separation agreement. Overall it’s been a smooth and amiable process.
I do, however, have one question. She still has not finished moving her property out of my house. I’ve made several attempts to get the process moving again. I’ve had no luck within the past three months. If it were just a few items I could put them in the attic and forget about them. However, the property in question is scattered throughout three rooms and most of the attic. In other words, there’s no where to put it.
I’d like to have full access to my home. I am also tired of living among those memories. At what point can I consider the property abandoned and dispose of it as I wish? I’m trying to be reasonable about it. I am currently planning to make several trips to her house to move things along…if I can get her to arrange to meet me. Based on initial responses, even that may be tricky. It seems no one wants to be bothered with these left over pieces. I just would like to know my rights.
Thanks.