reddive5784
recently joined
Reged: 11/14/07
Posts: 11
|
|
How long do i legally have to keep someone stuff? STBX has been out of the house since March 3rd due to a DV case. I have a 5 yr CPO. the court gave him 7 days and he did not come get his stuff. He didnt show for the final CPO hearing so I was told by the magistrate I am not obligated to give him his stuff. In July he came with a peace officer and even though I was told by thw police also that I was not obligated I still gave him the things he asked 4. Which was only 5 measley things. At the beginning of OCT my lawyer sent a letter giving him another chance b/c he is asking for an $8000 for furniture and appliances that he bought. Well he hasnt come to get his stuff. All this is his personal items and furniture before the marriage. We made hardly any purchases on major items during the marriage b/c I paid so everything since my STBX is now a severe alcoholi. I owned out house 1.5 yrs before the marriage. Can I legally get rid of his stuff? Or can I legally have his things move to his parents house (where he known resides). He has been out of the house almost 9 mo. All he has is the clothes I took to his parents when he went to jail March 3. That is about 3 weeks worth of clothing
|
BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3028
Loc: VA for 21 years, NC forever!
|
|
I would have your attorney send him a certified letter, advising that he has XXX amount of time to remove his belongings at a time mutually convenient to the two of you. Failure to arrive at the appointed time will result in his belongings going to a thrift store, the name of which you will provide to him so he can buy his stuff back.
Then do it!
|
reddive5784
recently joined
Reged: 11/14/07
Posts: 11
|
|
I was going to talk to her about that b/c I think I am just being his personal storage facility especially since he has been fired from his job and his father is supporting him.
He also has a non running car that has been sitting in our garage for over 3 yrs. with 4 flat tires and no plates. Like I said his stuff is still here so I have access to the title. would I be able to legally donate it if he didnt comply within the amount of time?
|
BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3028
Loc: VA for 21 years, NC forever!
|
|
Not the car if it's in his name, I wouldn't think....but if you clearly spell out what will happen to his belongings if he fails to come and get them **your attorney can call them abandoned property** yes, it's perfectly legal, to the best of my knowledge.
As for the car? I'd have it moved to his dad's house, that wouldn't cost more than 40 or 50 dollars and it will be out of your hair. If your name isn't on the title, then you can't legally dispose of it without being liable for its value.
If you want to pack up his stuff and move it to his parents' house, I wouldn't see an issue with that either except for paying to get it there. And of course, one must pack creatively.....**evil grin**
|
reddive5784
recently joined
Reged: 11/14/07
Posts: 11
|
|
That's what i want to do. I have AAA so I was going to see if they would move it. If not I would be willing to pay the money. It doesnt have plates so I am going to ask they set it opn the street. They the cops will have it picked up b/c it has no plates. Seeing that it needs a new engine and has 4 flat tires he wont care. I have even thought about paying a moving company yo get his stuff. But it is mainly clothes and I really dont feel like packing it. The Salvation Army will come to my house and get it. Problem is I have my stepsons toys and baby items here. So of those are lifetime memories you cant get back. Like first haircut, 1st tooth. I have been thinking about putting that all in a box and having my sis drop it off. He has a couple pieces of furniture. The rest is my old furniture from previously. I was even willing to let him have it since the majority of the furniture is mine b/c I own the house prior to marriage.
It is sad b/c I wasn't trying to be nasty and willing to help him get started on his own. But he thinks I am being cruel and is just tryint to wait as long as his can b/c I carry him on medical insurance. He has racked up $6000 in medical in 2 mos. And he hate drs.!
Thanks
|
BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3028
Loc: VA for 21 years, NC forever!
|
|
Nope, I get rid of all of it but it's nice of you to keep his son's things --
You're divorced and he's still on your medical insurance? Or are you separated? YOu might want to check about the insurance as many companies won't carry a separated and/or divorced spouse -- why should you pay for it for him? I know that sounds cold but hey, it's time for him to GO completely.
|
reddive5784
recently joined
Reged: 11/14/07
Posts: 11
|
|
No we are not divorced yet. That why I am asking about his things. We are just separeated. He didnt show up to the pre-trial so everything was pushed back until feb/mar. That's why i still have to carry him
|
BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3028
Loc: VA for 21 years, NC forever!
|
|
Again, check with your insurance company and find out if they allow a separated spouse to remain on your insurance. If not, and you've not advised that you're separated, it could wind up with the expenses falling completely on you for failure to notify them.
|
reddive5784
recently joined
Reged: 11/14/07
Posts: 11
|
|
I didnt know that I will definetly check. Thanks.
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
