After 5 years he wants his property now, does he have a right to it?

[spdblondie]

What is the name of your state? Missouri

My divorce was final in 2002. In the decree it states he is to get a few household belongings, however he NEVER came to get them, nor asked for them. The items are a dining room hutch and a grandfather clock. I wrote up a letter to him stating he would have to pay me "rent" to keep the items here on a monthly basis and for him to please come and get them. He never responded to the letter and it was not until today (Nov 2007) that he brought up wanting to come over and get these items. Question - how enforceable is my rental payment and do I have to give them these items now, so long after our divorce? They were stipulated in the decree, in Jackson County Missouri.

Thanks!

SandyWhat is the name of your state?

 

[JETX]

how enforceable is my rental payment

Of course, no one can answer that without knowing ALL the facts.

do I have to give them these items now, so long after our divorce?

If you have a court order to do so, yes.

 

[Ohiogal]

But based on what you have stated the rental payment is NOT enforceable. You do not know if he got the letter nor if he agreed to the terms and did the court order give him a deadline for when he had to pick up the items?

 

[spdblondie]

Property

There was no time listed in the decree.

Sandy

 

[Ohiogal]

There was no time listed in the decree.

Sandy

Then you have to give him the items. And you cannot charge him rent.

 

[LdiJ]

Then you have to give him the items. And you cannot charge him rent.

I am not sure that's true. I am not even sure that she can't make a case that he abandoned the property.

 

[spdblondie]

So what are you saying? Abandoned or Not?

Give it to him, or say it was abandoned?

 

[LdiJ]

Give it to him, or say it was abandoned?

Morally, I think that you should give it to him. However, after 5 years I do think that you can make the argument that he abandoned the property.