Can I sell/trash my exhusband’s belongings if he doesn’t pick them up?

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Can I sell/trash my exhusband’s belongings if he doesn’t pick them up?

Approximately 8 months ago, I kicked my husband out for committing adultery. Our divorce was final 6 months ago. I gave him a deadline on paper that he agreed to that stated he had three months after the divorce was final to obtain his belongings from my property. I have mailed a certified/return receipt “10 day” letter based on the Sheriff’s Dept recommendation to prompt him to get his stuff. He didn’t bother to pick up the letter from the post office. I had the letter served to him which his obtained some of his belongings. What legal rights do I have to sell/trash what belongings are left?

Asked on July 10, 2011 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you gave your spouse a deadline on paper which he signed indicating how long he has to pick up the property, make sure that post divorce decree agreement does not run afoul of the divorce decree. Secondly, review every provision of the divorce decree and see if there is anything in there about property separation and pick up. Third, as to trashing his belongings, it is not recommended for several reasons, especially if you do run afoul of the divorce decree. As to selling his property, send him another certified letter for the Sheriff to serve upon him personally and indicate he is to pick it up in 48 hours or as previously agreed you are selling his property.


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