I am unsure of what the law would be but my suggestion is that if you have a signed agreement you could send her a letter. Let her know in the letter that you will be moving the specific items to a storage building. You will pay for one month storage. Give her the key, code, whatever and let the owner know that the storage building after the first month will be the responsibility of your spouse…
IMHO this is fair and easy way of dealing with this. You will make your spouse aware that you are not going to renegotiate or continue to be used as storage…
If you use storage, you may want to remind your ex that only one month storage is being paid for by you(if that is what you plan to provide). Most storage places give you notice of non-payment (give them HER number) and if you don’t come get the stuff in their timeline, then they open the unit and sell the merchandise auction style. You may want to check with the storage facility and see what their policy is.
SOunds like you’re going to have to take the next step and that would mean moving her stuff yourself and renting the unit. Keep a copy of the letter, your agreement and the storage agreement. Make sure the storage unit place has her address, phone, etc.
Do the terms of your mediated settlement agreement require her to get the property within a specific time period? If not, you may be stuck holding on to these items until she comes to get them, you may also sue her to breach of contract for refusing to pick them up and ask the court to set a deadline for her to get them.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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My spouse was awarded specific property in the stipulations of our mediated settlement back in January. She has refused to come collect the belongings on three separate occassions when I have made the days available to her. She often cites other priorities, but in reality I think she is disappointed that the distribution left out some things she forgot about. Although she wants her stuff I believe this is a ploy to try to get me to reopen the negotiation so that I can finally get the stuff out of my house. Of course I am not about to renogotiate and open this all back up.
I was wondering what the property abandonement laws are in NC and what do I need to include in a notification to her if I want her to retieve the items or face disposal of the property. Can I charge her for storage fees (although none have been incurred)?
Thanks!