If my she spouse was “entitled to immediate possession” of her personal itemsbut fter several months I disposed of them, am I liable?
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If my she spouse was “entitled to immediate possession” of her personal itemsbut fter several months I disposed of them, am I liable?
What is the time limit to wait before disposing of an ex’s things?
Asked on June 30, 2012 under Family Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there was a court order issue giving your spouse "immediate possession" of her personal items but you disposed of the belongings after she failed to pick them up, you are liable to repay her the fair market value of the items that you got rid of.
So long as there was a court order in effect giving your spouse the possession of those belings of hers, you were not entitled to dispose of them even though she did not get them in a quick time period. In retrospect, you should have filed a motion with the court allowing you to dispose of the items first. If approved, then you could have disposed of her belongings without recourse.
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