Removal of Divorce Property before Final

[AgentSmithers]

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

Anyone know the procedure or required steps to discard community property from a dwelling (that neither in the party own, They both rent)? The Spouse has moved out (Of the rented property) willingly and property like a couch and dresser are ready to be discarded. Verbal request have been issued to the Spouse to pick them up but he has denied the request and asked that they stay in place until divorce is final (Approx. 6 more months). The Spouse that is currently residing in the same house they were resting when they were still together does not want any part of the property and rather have it out.

Does a certified letter need to be sent and property treated the same as abandoned?

Updated:
Spouse that left property had received a Move-Out order. Spouse has no rights to the dwelling (No lease, Does not pay any Resting cost.).

Thanks,
-Agent

 

[justalayman]

until the divorce is final, the division of property is not set in stone so the property in question is still not "his" or "hers". It is still a marital asset that awaits a courts order assigning it to one of the parties.

and no, you cannot discard community assets once the divorce was filed, at least without the courts permission.

 

[AgentSmithers]

until the divorce is final, the division of property is not set in stone so the property in question is still not "his" or "hers". It is still a marital asset that awaits a courts order assigning it to one of the parties.

and no, you cannot discard community assets once the divorce was filed, at least without the courts permission.

Agreed, However what if the property is forfeited and does not want half of it and only relocated, why would the person not be able to relocate it if its in the house before the divorce and the full owner is no longer there? Couldn't it be treated as abandoned property?

If the answer remains the same I guess the next hearing the best thing to do is to bring it to the judges attention?

 

[Ohiogal]

Agreed, However what if the property is forfeited and does not want half of it and only relocated, why would the person not be able to relocate it if its in the house before the divorce and the full owner is no longer there? Couldn't it be treated as abandoned property?

If the answer remains the same I guess the next hearing the best thing to do is to bring it to the judges attention?

It is NOT abandoned property. It is marital. A party cannot dispose or cause to be disposed marital property unless a court says so.

 

[LdiJ]

I will also add that a judge probably wouldn't be happy with you for even asking that the property be removed or considered to be abandoned before the divorce is final.

 

[latigo]

Agreed, However what if the property is forfeited and does not want half of it and only relocated, why would the person not be able to relocate it if its in the house before the divorce and the full owner is no longer there? Couldn't it be treated as abandoned property?

If the answer remains the same I guess the next hearing the best thing to do is to bring it to the judges attention?

With all due respect owing, what gives you to think that you have some right to meddle into these peoples' domestic affairs and attempt to act as some kind of self-appointed legal adviser to the tenant in possession?

Obviously, the lease of the rental property is in good standing or we would hear about. So, my question to you is this:

As long as that condition remains what business is it of yours - as landlord or property manager - as to what household furnishings are present in the dwelling and how long they remain?

The fact that you seem to have privy to these peoples' private communications, your special awareness of the household contents of the rental and your persistence and anxiety over issue that do not directly concern you, suggests some special rapport with the man's estranged wife. Emotional perhaps?

 

[AgentSmithers]

with all due respect owing, what gives you to think that you have some right to meddle into these peoples' domestic affairs and attempt to act as some kind of self-appointed legal adviser to the tenant in possession?

Obviously, the lease of the rental property is in good standing or we would hear about. So, my question to you is this:

As long as that condition remains what business is it of yours - as landlord or property manager - as to what household furnishings are present in the dwelling and how long they remain?

The fact that you seem to have privy to these peoples' private communications, your special awareness of the household contents of the rental and your persistence and anxiety over issue that do not directly concern you, suggests some special rapport with the man's estranged wife. Emotional perhaps?

best advice eveeeeerrrrrrrrrrr!!!!