How long do I have to keep personal property after the divorce?
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How long do I have to keep personal property after the divorce?
The divorce was on 9 months ago. Judgement for the division of property was 2 months later. He asked for some personal items, puzzles, tools, ladders, etc. both before and after the division of property. I have given him most of the things on the 1st, 2nd and 3rd list he gave me. Now he has presented a 4th list of items. I would like to sell some of the items to help pay for the legal fees that seem to never end. How many years do I have to keep giving him things?
Asked on May 21, 2012 under Family Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the items that your former spouse is seeking are his, then you are legally obligated to provide such to him. However, there is a realisitic time period for him to get such. I would write him a letter setting forth a deadline to pick up the items he wons. If the deadline comes and goes, you need to mention in the letter that you will then start charing him a monthly rental for the items such a $100.
Such a statement should spur the retrieval of the itmes. Keep a copy of the letter for future need and reference.
The problem of disposing of the items unliaterally may subject you to a claim for wrongful disposal of the belongings.
To be on the safe side, you could file a petition with the court asking that the court order the pick up of the items by a certain date and if not, then the court would allow you to dispose of the items without any recourse.
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