Time to remove property following divorce


#1

After rather extensive litigation, the only issue that now remains in my separation and divorce is the division of personal property. Our separation agreement states we may divide it in a mutually satisfactory manner, and if not, that a mediator will be used, and if agreement is then not reached, the mediator will become an arbitrator.

I’m not exactly thrilled by the manner in which they proposed the property be divided. Now that the litigation is over (regarding a different issue), I called my ex-spouse to request a meeting to discuss how this undivided property should be handled–a lot of time has past since we first discussed dividing it. We set a time and date for the next week, but I subsequently received a certified letter containing an abbreviated list of items which she has declared are “the only items in question” and further states I have 30 days to remove my property from her house, or she will consider it abandoned, and will dispose of it as she sees fit.

Can she declare a 30 day period to claim abandonment of the property? After all, technically we have not mutually agreed to exact division yet.

Also, who does family property dispute mediations and how would I contact them? I hate to play the mediation card, but I think that’s my only recourse as I suspect we won’t “mutually agree”, and then it will be a question if we can even mutually agree on a mediator.

Thanks.


#2

She cannot declare a 30 day period if time still exits under the order for the property to be divided. Please call our client liaison for a referral to a mediator.