Property Abandonment In AZ

[smallfrey]

What is the name of your state (only U.S. law)? Arizona

Here is my question: I have been seperated since 4/2009 my husband left some of his personal property behind, made several arrangments to come get his personal property in 5/2009, 6/2009 7,2009 10/2009 and 11/2009 failing to show all times. In 2/2010 I got angry and loaded my truck with some of his personal property to take it to him as I wanted it all out of my home. My husband got very angry and stated he was calling the police if I didnt leave his home. I made him come get his stuff from my truck and told him I would not return at his request with the rest of his property. We are not In 6/2010 and he is again starting with the I want my personal property or he will cause issues with the divorce. Do I have rights at this point to consider it abandonment?

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona

Here is my question: I have been seperated since 4/2009 my husband left some of his personal property behind, made several arrangments to come get his personal property in 5/2009, 6/2009 7,2009 10/2009 and 11/2009 failing to show all times. In 2/2010 I got angry and loaded my truck with some of his personal property to take it to him as I wanted it all out of my home. My husband got very angry and stated he was calling the police if I didnt leave his home. I made him come get his stuff from my truck and told him I would not return at his request with the rest of his property. We are not In 6/2010 and he is again starting with the I want my personal property or he will cause issues with the divorce. Do I have rights at this point to consider it abandonment?

Unless it was a legal separation, your home is still the marital home and he has every right to have his stuff there. Therefore, it would not be abandonment.

 

[smallfrey]

We were seperated in 2007 when I baught this home, and we tried to work things out yet we did not undo the legal seperation...... all assets were devided in legal seperation then he moved into the home I purchased after seperation. He moved in in 2008 then left agian in 2009.

 

[LdiJ]

We were seperated in 2007 when I baught this home, and we tried to work things out yet we did not undo the legal seperation...... all assets were devided in legal seperation then he moved into the home I purchased after seperation. He moved in in 2008 then left agian in 2009.

OK, in that case I would send him a letter giving him 30 days to remove his property or you will consider it abandoned and dispose of it in another manner.

 

[smallfrey]

Ok I hear what your saying, Let me ask this. Husband owes me over $17,000 now that came up after we seperated on verbal agreement with emails where he tells me he is only willing to give me now $300. Dont I have the right to sell the items and deduct from what is owed to me? Husband failed to show when he put in writing when he would be here to get his personal property?

 

[LdiJ]

Ok I hear what your saying, Let me ask this. Husband owes me over $17,000 now that came up after we seperated on verbal agreement with emails where he tells me he is only willing to give me now $300. Dont I have the right to sell the items and deduct from what is owed to me? Husband failed to show when he put in writing when he would be here to get his personal property?

You need to be a little more specific about the details of that.

17k that came up AFTER your legal separation? Was this money he hid from you or debt you took out on his behalf? What was the 17k all about and why wasn't it addressed in your separation agreement?

You may have to address the 17K in your divorce, or possibly in some other manner.

Also, what kind of personal property are we talking about?

 

[smallfrey]

ok it was for a lein that was placed on my home that I found out about in a refi for the amount of $26,000 and it belonged to he and his ex wife. I ended up getting an attorney and ended up setteling out with them for $10,000 + the costs of $1150 for the attorney. The attorney had him sign a paper that he owes this money back to me.

When he moved back in to my new home and left again he was giving me the tax return money for money for rents for he and his daughter living with me. $6152 and that was then taken for back child support he owed. Then another issue came up with the irs and he had a payment plan with them failed to keep up with that and they then turned to my account and took the money.

Making a grand total of $18002.74
also a reposession on a car that was in my name that he stopped making the payments on and resulted in a repo for $7003.96

Thanks for responding

 

[LdiJ]

ok it was for a lein that was placed on my home that I found out about in a refi for the amount of $26,000 and it belonged to he and his ex wife. I ended up getting an attorney and ended up setteling out with them for $10,000 + the costs of $1150 for the attorney. The attorney had him sign a paper that he owes this money back to me.

When he moved back in to my new home and left again he was giving me the tax return money for money for rents for he and his daughter living with me. $6152 and that was then taken for back child support he owed. Then another issue came up with the irs and he had a payment plan with them failed to keep up with that and they then turned to my account and took the money.

Making a grand total of $18002.74
also a reposession on a car that was in my name that he stopped making the payments on and resulted in a repo for $7003.96

Thanks for responding

You really need to take up all of that in court. Arbitrarily keeping and selling his possessions is not the legal way to go about resolving those issues.

Now, you could hold his possessions temporarily, IF you immediately took him to court, without too much risk of getting into any trouble yourself, but only if you immediately take him to court. You would at that time ask the judge to order that you could sell the property to satisfy his debt to you.

Are you sure though that the property you are holding would bring in that kind of money? Anything that was specifically titled to him would be highly problematic for you to even temporarily hold.

 

[smallfrey]

I would not put myself at risk by doing anything without permission from the court.
I have his personal property yes, he left behind 14mo ago. I gave him 6+ months to come get them and even tried to take it to him myself with him throwing a fit and telling me not to come back. I didnt and he made no other attempts to come get his personal property since Feb 2010, Until now the divorce being filed. He wants his property now, also knowing that he owes this money.
I just figured there was something more I should know about my rights with the property.

 

[mistoffolees]

OK, in that case I would send him a letter giving him 30 days to remove his property or you will consider it abandoned and dispose of it in another manner.

DO NOT DO THIS.

The court could easily rule that you disposed of the information illegally and make you pay for it.

Unfortunately, the only real solution is to go back to court to ask for an order to have him remove it within some time period or giving you the right to dispose of it. Doing so without a court order could end up being very expensive.

Meanwhile, put it in the attic or garage to get it out of your way.