What can I do

[jbird21]

What is your state: Virginia

Hello, I'm writing because about 8 weeks ago, my wife left to visit family in TN and decided she wanted to seperate. However she left her things up here and wants me to pay to get them sent to her. I told her and her mother no I don't feel responsible for paying to send her things. She threatened me with court and all that nonsense. I want her stuff gone because she is just making a big mess of everything. Would it be lawful for me to rent a storage thing for a month or two, send her the key and have her come there to pick her things up? I don't know what else to do, she made the decision to leave, so she should have to make the decision to get her things to her. I don't see her coming to the house to get them. What can I do?

 

[fairisfair]

um, where do you live? do you own the home is she on the deed/mortgage? is it a rental? is she on the lease?

 

[jbird21]

Well here's the thing, we're living with my parents, so no real property between us.

 

[fairisfair]

Well here's the thing, we're living with my parents, so no real property between us.

well, here's the thing. She is a tenant, albeit a month to month tenant, and you will need to properly evict her, and her things.

 

[jbird21]

Is this still the case even though she has been gone 8 weeks and has said since the beginning she isn't coming back?

 

[Ohiogal]

well, here's the thing. She is a tenant, albeit a month to month tenant, and you will need to properly evict her, and her things.

Fair you are a bit wrong about that. HE cannot evict her. His parents would have to and they would also have to evict him. This is a marital residence even if it belongs to his parents. As such without a court order she can return.

 

[LdiJ]

What I don't understand is why he just doesn't pack up her stuff and send it to her if he wants it gone so badly.

 

[Ohiogal]

What I don't understand is why he just doesn't pack up her stuff and send it to her if he wants it gone so badly.

Because he doesn't want too...

 

[Bali Hai]

Because he doesn't want too...

Nope. He is not REQUIRED to. She gets 30 days to pick up the items or they are landfilled.

 

[LdiJ]

Nope. He is not REQUIRED to. She gets 30 days to pick up the items or they are landfilled.

And that 30 days is based on your expert knowledge of VA state law? Don't give legal advice Bali unless you are certain...otherwise you could cost someone some serious money....and in this case the potential cost might not be to the husband, it might be to the husband's parents.

 

[Ohiogal]

Nope. He is not REQUIRED to. She gets 30 days to pick up the items or they are landfilled.

I agree with Ldij. This home is the marital residence. he does not get to dictate when she has to remove her belongings. She can keep them there until a court tells her to remove them.