Can I get rid of my soon-to-be ex-husband’s stuff, if he was ordered to retrieve the items within 10 days?

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Can I get rid of my soon-to-be ex-husband’s stuff, if he was ordered to retrieve the items within 10 days?

My Separation and Property Settlement Agreement ordered my ex is to remove the items he was entitled to within 10 days of the Execution of Order (13 months ago) with law enforcement present, due to it being a domestic violence case. He never showed up. It has been over a year now. Can I legally get rid of the items, if I get a donation receipt?

Asked on January 3, 2012 under Family Law, North Carolina

Answers:

Stephanie Squires / SquiresLegal Services

Answered 9 years ago | Contributor

In an abundance of caution, I would advise you to send him notice, return receipt requested, that if he does not pick up his things within 10 days, you will be donating them to charity.  It is unlikely that a judge would order you to reimburse him for anything that you gave away, especially since he has had 13 months to do something, but just to be safe, send him "notice" of your intention to get rid of it in as many ways as you can and keep copies/notes of how you tried to give him notice. 


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