Left behind

[tammy8]

What is the name of your state? NC

My husband and I separated a couple of months ago. Actually he packed some clothes and walked out without a word and since that time, few have been spoken between us.

I did get most of the rest of his clothes together and send them via friends as I don't know where he is (and really don't care at this time). He left all his children's stuff here along with lots of tools (about 15K worth) and various other things. I have sent messages repeatly to him to set a time to get the kid's and his stuff out. He has made no attempt to contact therefore I was wondering, when does his half become mine? I don't want to clean him out but I want to clean up and move on.

[BethM]

You need to send him written notice...send it certified so you will have proof he got it. Give him a certain amount of time to collect his belongings, tell him what you will do after that time passes if he has not collected his belongings and the wait and see. If he doesn't come to collect and you sell his stuff then you can prove in court...if he should attempt to sue you that he was given ample notice and fair chance.

[Shay-Pari'e]

Originally Posted by BethM

You need to send him written notice...send it certified so you will have proof he got it. Give him a certain amount of time to collect his belongings, tell him what you will do after that time passes if he has not collected his belongings and the wait and see. If he doesn't come to collect and you sell his stuff then you can prove in court...if he should attempt to sue you that he was given ample notice and fair chance.

That is absolutely the wrong thing to do. He could be on the mortgage on the home, or on the lease of the apt. (What do you think that means?)

Just because he moved out doesn't mean sqwat! Instead of playing games, since you claim you just want to move on, file for divorce already!!!!!!!!!!!!!

[tammy8]

It takes a full year of separation in NC to file for divorce so I still have about 8 1/2 months before that is an option (and I need the healthcare coverage his policy provides ).

I would also send him written notice however I do not know what his address is..

[Gracie3787]

I don't know if this is the "legal" way to do it, but I know what I would do.

If my hubby left, I didn't know his address. but could get messages to him via friends- I would send a written message "Dear Hubby, I have requested many times for you to retrieve your personal property from the home you chose to walk away from, and you have not done so. Therefore this letter is to inform you that you have onw week (7 days) from this date to retrive your belongings. IF you don't. I will : put in front for trash pick up, or two, I will put them in a storage warehouse listing YOU as OWNER of property. The choice is yours- retrieve from me, the landfill, or at a storage auction. Sincerely, Wifey"

You have every right to get on with your life, even without a divorce, and I wish you the best.

[LdiJ]

Originally Posted by Gracie3787

I don't know if this is the "legal" way to do it, but I know what I would do.

If my hubby left, I didn't know his address. but could get messages to him via friends- I would send a written message "Dear Hubby, I have requested many times for you to retrieve your personal property from the home you chose to walk away from, and you have not done so. Therefore this letter is to inform you that you have onw week (7 days) from this date to retrive your belongings. IF you don't. I will : put in front for trash pick up, or two, I will put them in a storage warehouse listing YOU as OWNER of property. The choice is yours- retrieve from me, the landfill, or at a storage auction. Sincerely, Wifey"

You have every right to get on with your life, even without a divorce, and I wish you the best.

I honestly don't agree with that one either. I think that one way or another she is going to have a problem if she does that. Particularly if he is listed on the mortgage or lease. If he is, then he has every right to store property there. I think she should just pack them up in boxes and store them in the garage, shed, basement...whatever.

[Gracie3787]

Originally Posted by LdiJ

I honestly don't agree with that one either. I think that one way or another she is going to have a problem if she does that. Particularly if he is listed on the mortgage or lease. If he is, then he has every right to store property there. I think she should just pack them up in boxes and store them in the garage, shed, basement...whatever.

I'm sorry, I should have said that it is what I would do if we didn't own home together.

To OP:
LdiJ is right, there could be problems if you and hubby are both on mortgage, you might want to see an attorney to find out what your rights are and how to go about getting hubby's name off mortgage. Under the circumstances, it seems like you would be considered an abandoned wife, and that might give you some more rights to dispose of HIS personal belongings, only an attorney can tell you.

If you two are still legally married then the tools also belong to you. At least that's how it is in California. Or put all the stuff in boxes and store them in your attic, garage, or storage place.

I can't believe you have to wait one year to get divorced, thats just torture!

Good luck to you!