Divorced in 2002, Ex NOW Wants to get his property out of house

[spdblondie]

What is the name of your state (only U.S. law)? Missouri, Jackson County.

I live in Missouri - Jackson County to be exact. My divorce was final in December of 2002. The decree states my ex-husband is to get some furniture items from the house, which was fine, but he never showed up to get it. I sent him a letter way back then stating I was going to charge him storage for these items and I never heard a word from him. NOW, July 2008 I am re-married and he suddenly wants the items. At what point are the items considered "abandoned?" Am I entitled to give them over now and can I get the money out of him for storing all the furniture for the past 68 months?

Thanks in advance.

Sandy

 

[mistoffolees]

What is the name of your state (only U.S. law)? Missouri, Jackson County.

I live in Missouri - Jackson County to be exact. My divorce was final in December of 2002. The decree states my ex-husband is to get some furniture items from the house, which was fine, but he never showed up to get it. I sent him a letter way back then stating I was going to charge him storage for these items and I never heard a word from him. NOW, July 2008 I am re-married and he suddenly wants the items. At what point are the items considered "abandoned?" Am I entitled to give them over now and can I get the money out of him for storing all the furniture for the past 68 months?

Thanks in advance.

Sandy

Let him take the stuff. Even if it was brand new in 2002, it's 6 years old now. Unless you're talking about priceless antiques, the cost in time, money, and aggravation to fight over the furniture is almost certainly not worth it.

Besides, you would probably lose. If the decree simply says that he can take the things with no time limit, then he didn't have any particular time limit. You've had 6 years to tell him to take his things out - and didn't do so.

 

[spdblondie]

Gave Written Notice in 2003 for him to get things

The previous poster did not notice in my narrative, but I did give him written notice to get his items out or I was going to charge him storage. I set up three different occasions for him to retrieve these items in 2003 and he did a no-show each time. Now, 8 months later**************..???

I have been told the items are considered abandoned after 3 years, but do not know if this is true.

Ideas or suggestions?

Please and thank you.

Sandy

 

[LdiJ]

The previous poster did not notice in my narrative, but I did give him written notice to get his items out or I was going to charge him storage. I set up three different occasions for him to retrieve these items in 2003 and he did a no-show each time. Now, 8 months later**************..???

I have been told the items are considered abandoned after 3 years, but do not know if this is true.

Ideas or suggestions?

Please and thank you.

Sandy

Honestly, I would probably just allow him to retrieve the items, assuming that you still have them. If you don't, then you may want to fight it.

 

[majomom1]

The previous poster did not notice in my narrative, but I did give him written notice to get his items out or I was going to charge him storage. I set up three different occasions for him to retrieve these items in 2003 and he did a no-show each time. Now, 8 months later**************..???

I have been told the items are considered abandoned after 3 years, but do not know if this is true.

Ideas or suggestions?

Please and thank you.

Sandy

Yeah... I think he noticed and I agree with him. Just give him the stuff and free up your storage space... or are you using it?

I doubt he would get anywhere in court with this - but you also would not get any storage fee either. Is it really worth the battle?

 

[Zigner]

You wouldn't ever get storage in the first place...
What you SHOULD have done is given him a letter saying he had "x" days to get his stuff or you would dispose of it. If he didn't get it, then you could have donated it to charity and given him the receipt for his taxes.

 

[mistoffolees]

The previous poster did not notice in my narrative, but I did give him written notice to get his items out or I was going to charge him storage. I set up three different occasions for him to retrieve these items in 2003 and he did a no-show each time. Now, 8 months later**************..???y

I noticed it, but just didn't think it was particularly relevant. Your letters don't mean a thing (EVEN IF you could prove that he received them). There's a valid court order saying he is entitled to that property. There's nothing in the court order that says WHEN he has to get it (at least you didn't say so).

I also don't agree with the person who says to send him a letter giving him 30 days and then giving it to charity. You could be found in contempt of court. If it was really bothering you, then your only legal approach would be to go back to court for a clarification and request that he remove it within xxx days and if it is not removed that you can donate it to charity. Without that court order, you could be in trouble.

In any event, I still say you should let him take it. With the amount of money you're going to have to spend fighting him over it (particularly if the battle escalates beyond furniture as it often does), you could buy yourself some new furniture - which may be at least as good as the 6+ year old furniture you're giving up.