divorce decree/movable property abandoned?

[ex_issues]

What is the name of your state? New Mexico

My fiance and his wife have been legally divorced for over a year(though she hasn't lived here for several years). She still has stuff in his shed, and stuff on his property that was granted to her in the divorce that we can't get her to come pick-up.

She'll call every few months and say she'll be here on a certain day, calls three days after that day with some excuse as to why she wasn't there, then says she "might" be there on some other date. And again pulls a no-show.

So here are my questions: Is there a time when he will be released from the obligation of holding it for her and can dispose of it? Does her calling show intent to pick it up and keep him obligated?

[djohnson]

What does the divorce decree state as to the retrieval of the items?

[LdiJ]

Originally Posted by ex_issues

What is the name of your state? New Mexico

My fiance and his wife have been legally divorced for over a year(though she hasn't lived here for several years). She still has stuff in his shed, and stuff on his property that was granted to her in the divorce that we can't get her to come pick-up.

She'll call every few months and say she'll be here on a certain day, calls three days after that day with some excuse as to why she wasn't there, then says she "might" be there on some other date. And again pulls a no-show.

So here are my questions: Is there a time when he will be released from the obligation of holding it for her and can dispose of it? Does her calling show intent to pick it up and keep him obligated?

At this point it isn't safe to dispose of her property. However, he could send her a certified letter giving her a specific amount of time to pick up the items, or then he will dispose of them.

[ex_issues]

Nothing about how it's to be transferred or by what date. It's just listed under "Respondant's Community Property".

Having just looked at the papers, most of it isn't even named. She just left it here. So what are his rights with that stuff?

[djohnson]

If it's not named as hers, then it's his. Posession and all that. The stuff that is hers, depending on how much and the size we are talking about, is different. Send her a letter CRRR giving her so long to come get it or expect storage fees of $XX per day for 30 days after that, at which time it will be taken to the dump or sold at a garage sale.

[ex_issues]

Thanks so much for the advice. I really appreciate it.

One last question, though.

What about the stuff that's in the shed that was hers before the marriage? Childhood momentos and such? Again, not mentioned in the decree, just left here. Is he able to dispose of those as well?

[djohnson]

She may not know it's there. Technically if it's not mentioned in the decree it's his or she forgot. If you wanted to be nice you take it to her mom's or something, but I don't see as it would be handled any differently than a set of cookware that was left there and not listed in the decree.

[ex_issues]

She knows it's there. And it would be nice to be able to do something like that. Unfortunately, she's making it impossible. She'd flip-out, call the police, and try to have him arrested(which she's done before).

What I've suggested is that he load it into his truck and take it over with a police escort. And he's trying to arrange it with the local authorities.

I'm just trying to cover all the bases as to what his rights are. So that if she does try to start trouble, we know where he stands.

Thanks again for the quick responses to my questions. You've been a big help.