CanI throwmy husband’s belongings out if he left me almost a year ago?

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CanI throwmy husband’s belongings out if he left me almost a year ago?

My husband left me and my children about 11 months ago to FL. He’s not a legal resident in VA anymore, which is where I live. When he left us he left all his stuff here and it’s crowding up my bedroom. We are still legally married but I was wondering if it’s safe to throw his stuff away or can he still sue me?

Asked on August 14, 2011 Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Although I am sure that it is a pain to have his stuff around, I would not throw it out just yet.  You can, though, box it up and put it some where safe for storage.  If you have no order or agreement allowing you sole occupancy of the marital residence you can not do anything with his stuff that could be called "conversion" or the like.  If he has been gone this long you should consider taking the next step to divorcing him.  You need to be able to get his stuff and him out of your life, collect what you need for you and the kids and find a better life. Good luck to you.  


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