What to do if my ex has not come by to pick up her belongings?

I currently am divorced. As part of my divorce I was ordered to allow my ex to retrieve her personal belongings from my home. If I did not, the estimated amount of her property ($5000) was supposed to be paid by me to her within 30 days of the judgement of the divorce. I have attempted numerous times to set up a date that she can come get her stuff and it has been well over 30 days since the divorce was signed. She has every excuse in the book on why she cant make the trip to come get her stuff. She lives 5 hours away. Do I have any legal rights, must I still give her all of her belongings back? Can I set a deadline?

Asked on March 7, 2012 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

At this point, re-review the order. If the order requires her to pick her items up by a date certain, then you need to wait that time period out, despite all of her excuses. If the order merely states she has only thirty days from the date of the judgment to pick up the items, and she has not, then you should petition the court to show she is in contempt of the order and declare her items as abandoned. If the order has no date, she is obligated to act in good faith. If she has not acted in good faith, petition the court to declare her items as abandoned due to her bad faith and that should suffice.


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