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can i get rid of ex wifes abandon property?
Ex wife moved out november 15th 2011
Divorce was finalized October 22nd 2012
I live in NY and she moved to WI. The divorce hearing was completed in WI.
In the Divorce decree it states that all parties have possession of the property that they are claiming.
I have a lot of her personal effects that I put into one of the closets in my home, but it is taking up space that I could be using for my own stuff, or for my live in girlfriends stuff..
I want to get rid of the stuff, either selling, donating or throwing in the trash.
What are my options, and are there any legal consequences if she decided to claim the property sometime in the future
since the property was abandon for a year, and the divorce paperwork states that all property has already been divided and each of us has possession of our property then am I right to assume that whatever is left in my apartment is my property and I have the legal right to use or dispose of it as I deem appropriate? If she wanted any of this stuff I am sure she would not have left it here for over a year.
no way i am sending any of this stuff UPS... you know how much that would cost me? an entire walk in closet packed floor to ceiling...
I think 1 year is ample time for her to get her stuff... and since she did not request anything that was left up to the divorce hearing I do not believe she has any legal claim to any of it...
no children thank god...
@mmm - how exactly am I being a jerk? If i was being a jerk I would have gotten rid of the stuff long ago. I put everything into boxes and stored it for over a year. If any of the stuff is things that she wanted then she had plenty of time to come get it or make arrangements to have someone get it for her.
If I was being a jerk I would say bad things about her, or put the full blame of the divorce on her. I have not said or done anything to be considered a jerk.
5 Answers
- LolaCorollaLv 79 years agoFavorite Answer
Yes, you can. After a year, the things are considered abandoned. Even if she decides she wants the stuff in the future, she'd have to be able to prove it's actually in your possession in order to bring any legal action against you. I highly doubt she'll be able to do that.
- No More AbuseLv 79 years ago
Send her a certified letter about 'what she is doing with her personal property' in your home, send a copy to her lawyer as proof that you are attempting to resolve this issue with her. Try to see if arrangements can be made on her part.
- x4294967296Lv 69 years ago
If you have children, you need to be friends with your ex. Pack the stuff neatly in some boxes and send it to her via UPS.
- 9 years ago
i would send her one letter setting a reasonable timeline for her to come get this stuff. then send it via USPS in one of them envelopes where she has to sign for it to get it. that way you have proof she got the letter. then if she doesnt come pick the stuff up in the allotted time, my guess would be that you could use or dispose of it any way you see fit.
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- mmmLv 79 years ago
so instead of being a decent human being and asking her if she wants her stuff back - you're going to be a jerk and toss it - karma dude - just remember that
