Question regarding my ex-husband's belongings


#1

I have posted before asking if my legal separation agreement which “entitles my ex to his belongings at some point in the future” required me to store them, for free, at my house. Your response was no- it just means they are his, not where they need to stay. I suggested I rent a storage unit (paying for the first month) and give him the option of either: assuming ownership, vacating his items, or allow me to donate them to Goodwill within 30 days. Your response was that it is not a breach of contract to offer that deal. I have since sent a certified letter stating his options and giving him the key and code to the unit. I have heard nothing back (and have proof the letter was delivered). We are approaching the 30-day mark, so I sent an email to him- reminding him of his lapsing time frame. Still nothing.

Here is my question- what can happen now if I give the stuff to Goodwill? I plan on sending him the tax receipt with proof of items donated for him to use as a deduction. Can I be faulted for this at all? I feel I have done everything I can and presented several reasonable options. Help!


#2

I believe you have gone above and beyond. Again, the separation agreement does not require you to keep the goods for him, and you have acted in a reasonable manner.
This is not to say that your ex may not file a breach action against you out of anger or spite. I don’t believe that a judge would find you in breach of contract given your many attempts to allow your husband to collect the items, and the fact that the agreement does not require you to store the items.