Does my ex-husband have a right to throw personal belongings out after 6 months?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my ex-husband have a right to throw personal belongings out after 6 months?
I moved out in 02/1; our divorce was finalized in 06/10. I have been trying to contact him for weeks, and when I finally got a hold of him just the other day, he told me that he threw all my personal belongings out as well as my daughters (jewelry, some furniture, clothing, pictures, kitchen appliances, toys, bike, scooter, etc). Is there any certain amount of time he has to keep this? Am I at fault for not getting it earlier? Can I take him to court?
Asked on December 8, 2010 under Family Law, Michigan
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
All of the answers to your questions really depend on if you included provisions requiring him to keep your belongings while the divorce proceedings were going on, whether you had time and opportunity to take the items and if you simply left. If you simply left and waited to file divorce, it may be construed as abandoned property and some states only require someone to hold onto something for about 30 days or up to 6 months depending the situation. You may wish to contact your divorce attorney and see if you can be compensated or the divorce order and support order be amended to include the fair market value of items thrown out. Were there communications between all of you with each other about these items? If so, you may have a case but you need to talk to an attorney about it before moving forward with a civil suit for compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.