Question regarding separation agreement- cont'd


#1

Here is what our communication has been so far- I have an update and another question for you if that’s ok…

Posted: Tue Jun 09, 2009 4:57 pm Post subject: Question regarding item in separation agreement


I legally separated from my husband last August, using a form found on your website and registered with the Register of Deeds. In that agreement, it lists four items that he is “entitled to leave at my house until some point in the future.” It has now been ten months and I am tired of looking at his stuff. Also, I have bought replacement items for what was his (such as the bed) and really don’t have room to be a free storage facility any longer. Would I be violating our agreement by placing said items in a storage unit, paying for the first month, and sending him a certified letter, along with the key, explaining that he has 30 days to either get his stuff or assume ownership of the storage space? I prefer not to have him come to my house to pick up his items, and I figured that was a neutral location and would give him ample time. Please help!!

Joined: 08 Dec 2008
Posts: 1078
Location: Attorney with the Rosen Law Firm
Posted: Tue Jun 09, 2009 7:38 pm Post subject:


The agreement is vague as to when he must retrieve the items he left, but it does not require that you keep these items as custodian either. I believe the solution you present is reasonable. If your ex was to sue you for breach of contract, I believe a court would have a hard time finding you in willful breach of such a vague term, and again the solution you propose is certainly reasonable.


Erin E. Clarey
Attorney with Rosen Law Firm

Continuation:
I have sent the letter via certified mail and made plans for it to be delivered on Saturday, when either he or one of his two roommates [i]should have been home. Of course, no one was, so the post office simply left a notice on the door. If my ex-husband is anything like he was while we were married, he probably threw the notice away, never to think about it again.

I could just re-send the letter, but here’s the problem: along with the letter was a key to the storage unit and the code for access. What is the best move from here? Do I extend the 30 days I gave him…email him and tell him to go pick up the letter from the post office…or just stick with my original plan and donate his items if they aren’t removed by July 10th?


#2

I would suggest you email him to be sure he knows what is going on.