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  #1  
Old 07-27-2009, 03:55 AM
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ex-husbands belongings are in the way


I'm wondering what i have to do legally to have my ex-husband remove all of his property left in my garage?I have asked him to remove it by sending a text msg.,and he says he will but never does.Do i need a court oder or can i just remove it and dispose of it myself?
  #2  
Old 07-27-2009, 04:46 AM
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Originally Posted by redlinetracy View Post
I'm wondering what i have to do legally to have my ex-husband remove all of his property left in my garage?I have asked him to remove it by sending a text msg.,and he says he will but never does.Do i need a court oder or can i just remove it and dispose of it myself?
Basically, what I would do is move everything to a storage unit somewhere, in his name, pay the first month's rent, and then send him the key and the location.

Another option would be to send him (via certified mail) a letter advising him that he has 30 days to make arrangements to remove the items from your property, or you will dispose of them.

Text messages are not good enough for communication purposes in this instance.
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  #3  
Old 07-27-2009, 06:28 AM
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Originally Posted by LdiJ View Post
Basically, what I would do is move everything to a storage unit somewhere, in his name, pay the first month's rent, and then send him the key and the location.

Another option would be to send him (via certified mail) a letter advising him that he has 30 days to make arrangements to remove the items from your property, or you will dispose of them.

Text messages are not good enough for communication purposes in this instance.
She cannot open a storage unit in his name as that could cause her severe problems including contempt of court -- most divorce decrees have as part of them that neither party can get credit in the other's name -- she would be indebting him without his permission to get a storage unit in his name. That could subject her to a lot of issues. She has no right to put his name on ANYTHING like that. If she also opens it in his name, she could face legal issues for identity theft if putting it in his name is not permissible by him.

As for how long she has to keep his stuff, it depends on the wording of the divorce decree.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 07-27-2009, 01:10 PM
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Originally Posted by Ohiogal View Post
She cannot open a storage unit in his name as that could cause her severe problems including contempt of court -- most divorce decrees have as part of them that neither party can get credit in the other's name -- she would be indebting him without his permission to get a storage unit in his name. That could subject her to a lot of issues. She has no right to put his name on ANYTHING like that. If she also opens it in his name, she could face legal issues for identity theft if putting it in his name is not permissible by him.

As for how long she has to keep his stuff, it depends on the wording of the divorce decree.
I am going to kind of disagree with that OG. Getting a storage unit doesn't require credit or a contact...its basically a month to month rental and if she pays the rent for the month, all he has to do is get his stuff out of the unit, and he is not obligated to continue paying.
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  #5  
Old 07-27-2009, 01:33 PM
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Originally Posted by LdiJ View Post
I am going to kind of disagree with that OG. Getting a storage unit doesn't require credit or a contact...its basically a month to month rental and if she pays the rent for the month, all he has to do is get his stuff out of the unit, and he is not obligated to continue paying.
Fine. If she does it, she can find herself with severe legal problems. It requires giving HIS NAME and making HIM liable for something -- to continue paying -- if he doesn't pay for any reason it goes on HIS credit and he loses his stuff. That WILL and DEFINITELY CAN get her in trouble with the divorce court. And CAN lead her to criminal legal problems. But hey, tell OP to do so.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 07-27-2009, 02:02 PM
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Quote:
Originally Posted by Ohiogal View Post
Fine. If she does it, she can find herself with severe legal problems. It requires giving HIS NAME and making HIM liable for something -- to continue paying -- if he doesn't pay for any reason it goes on HIS credit and he loses his stuff. That WILL and DEFINITELY CAN get her in trouble with the divorce court. And CAN lead her to criminal legal problems. But hey, tell OP to do so.
Unless storage units work very differently in OH than they do in IN...nothing goes on anyone's credit. Yes, after a certain amount of time he would lose his stuff...but after a certain amount of time he can lose his stuff if he leaves it at her house as well.
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