How long does stbx have to get belongings?


#1

I have a few questions that I haven’t seen covered here, yet.

Spouse left premises (after we discussed it and it was mutual at the time) and we have been splitting our house payment since he left. I did have the locks changed the next day. I have packed some of his personal belongings and brought them to work with me (yes, we work together. joy). He still has some of his items there and also he has two cars and a hot tub there that must be moved before we can even think about putting the house on the market. We have agreed to sell the house and have it listed by June, 2013. I have texted him and asked when he can come get his items and the furnishings he would like to have. I also emailed him and I have not gotten a response. He left in early January, 2012. I am currently moving out and would like to have a sale and fix things up so that the house can be put on the market. What are the legal steps I need to take to where I can legally sell the items, if he doesnt come get them? I am afraid that if he didnt communicate while we were married, that this is going to cause a huge problem in our divorce too.


#2

Do you have this agreement in writing? If not, I would put it in writing that he has until X date to get his belongings, otherwise you can dispose of them as you see fit. If there is an agreement in place, if his failure to remove the items is causing you to be unable to place the property on the market, I think there could be an argument that his is in breach of the agreement, but I still don’t believe that you can sell his belongings without ramifications.