I have a No-Contact order against my husband till next year, he is out of my house but there is a lot of his stuff still here that is not marital property, he was supposed to call law enforcement to get it but he won’t cause he drinks and uses drugs. Anyway, I was trying to work with a third party to get him his stuff and that didn’t work. So what can I do with his stuff legally to get it out of my house? It is filling up a room I need for my son and office and also filling up the garage? There is a boat, 4-wheeler, big toolbox, king bed, for big items. I just want it out of here cause the stuff is in the way and it is messing my son up with it all here and I just want to get on with my life cant do that when all if it is here.
Help me
For any of his property which has not yet been finally distributed in equitable distribution (whether by separation agreement or court order), you should not damage, dispose, or destroy it. You can pack it and move it to the garage or a storage unit for example, but you cannot get rid of it, sell it, throw it away, etc. until either equitable distribution is final or until the divorce is final (assuming no equitable distribution claim is pending at that time).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
There is no separation agreement, because there is a No Contact order. It is all his personal items that he had before the marriage that he was to have gotten already. If I put it in a storage unit who is required to pay for it? Like I said it is already filling up the garage. I would like to use my rooms and garage.
If you rent a storage unit, then you will need to pay for it unless there is a written contract/agreement between you and your spouse that states that your spouse will rent and pay for it.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.