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  1. #1
    dvhounddog is offline Junior Member
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    how long after a divorce can someone leave their belongings?

    What is the name of your state (only U.S. law)? Alabama. I am asking this question for my ex-husband. He and I have remained friends and he just went through a real nasty divorce. His ex-wife will NOT get her belongings off of his property, he has asked her politely numerous times and even wrote the judge who now says they will have to go back to court! He doesn't understand because all he wants is for her to come get her things. He shelled out a ton of money to get her out of debt and paid off all her bills, he is tired of spending money and now he just wants to be able to start over. Their divorce was final 4 months ago. I think that she has a specific amount of time to get her stuff or he can sell it? Not sure so I told him I would come on here and ask for some advice for him. Thanks for any and all advice....
  2. #2
    Golfball is offline Member
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    So what does the final decree/agreement/etc. state regarding the various pieces of property?

    Does it state that property within the possession of one party is now owned solely by the possessor (or similar language, i.e. what you have custody and control over is now 100% yours)?

    Does it say something different, such as "Piece of Property A" (which is currently in your possession and/or on your property) is owned by X?
  3. #3
    LdiJ is online now Senior Member
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    Quote Originally Posted by dvhounddog View Post
    What is the name of your state (only U.S. law)? Alabama. I am asking this question for my ex-husband. He and I have remained friends and he just went through a real nasty divorce. His ex-wife will NOT get her belongings off of his property, he has asked her politely numerous times and even wrote the judge who now says they will have to go back to court! He doesn't understand because all he wants is for her to come get her things. He shelled out a ton of money to get her out of debt and paid off all her bills, he is tired of spending money and now he just wants to be able to start over. Their divorce was final 4 months ago. I think that she has a specific amount of time to get her stuff or he can sell it? Not sure so I told him I would come on here and ask for some advice for him. Thanks for any and all advice....
    Well, I certainly would NOT recommend that he sell her belongings at all.

    If he wrote the judge (which is NOT how I would have handled it at all) and the judge has now set a hearing date, then he basically doesn't have much choice but to now handle it through the court.

    However, what I would have done was give her notice, in writing, that she had to remove her property within 30 days or it would be desposed of.
  4. #4
    mistoffolees is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Well, I certainly would NOT recommend that he sell her belongings at all.

    If he wrote the judge (which is NOT how I would have handled it at all) and the judge has now set a hearing date, then he basically doesn't have much choice but to now handle it through the court.

    However, what I would have done was give her notice, in writing, that she had to remove her property within 30 days or it would be desposed of.
    Even that could lead to a battle. Most people have an attic or basement or room in their garage where they can store things. In the long run, it may be preferable to just put the stuff in the corner where it's out of the way rather than taking the vindictive route and throwing things away.

    One of my employees' stbx is facing 36 months in prison for selling his things. Granted, there was a court order telling her not to do it, but she was in trouble for doing it even before the court order.

    I have a couple of general rules about divorce:

    1. Pick your battles
    2. If you can resolve something amicably rather than contentiously, do so
    3. If you can't resolve it amicably, do as little as you can that can be interpreted as vindictive.

    Sometimes you have no choice, but I don't see that this situation has gotten to that point yet.
  5. #5
    LdiJ is online now Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Even that could lead to a battle. Most people have an attic or basement or room in their garage where they can store things. In the long run, it may be preferable to just put the stuff in the corner where it's out of the way rather than taking the vindictive route and throwing things away.

    One of my employees' stbx is facing 36 months in prison for selling his things. Granted, there was a court order telling her not to do it, but she was in trouble for doing it even before the court order.

    I have a couple of general rules about divorce:

    1. Pick your battles
    2. If you can resolve something amicably rather than contentiously, do so
    3. If you can't resolve it amicably, do as little as you can that can be interpreted as vindictive.

    Sometimes you have no choice, but I don't see that this situation has gotten to that point yet.
    That is why I emphasized that he should NOT sell her belongings. Its also true that he could pack them up and store them in an out of the way spot as well....assuming that we are not talking about big things like furniture, and assuming that he doesn't have to move any time soon.

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