What are my options if my ex-husband will not clean up his personal items so that we can sell our condo?

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What are my options if my ex-husband will not clean up his personal items so that we can sell our condo?

Our divorce decree says we will sell our condo but my ex is refusing to clean up his personal items to make it presentable. I asked my ex to clean up his tools and personal belonging in our condo so that i could stage it for sale. I told him he had a week to do it or I would send his things to a storage unit and he will be responsible for the cost associated. It has now actually been two weeks since and the items are still there. I told him today they would be sent to storage and he is threatening that I will be arrested for theft. Is this legal? What are my rights?

Asked on August 8, 2010 under Family Law, Utah

Answers:

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

Answered 10 years ago | Contributor

I would not suggest doing anything with his things that would in any way interfere with his use of them unless you have a court order.  May I ask: who was awarded the use and occupancy of the condo until it sells?  If it was you then I would make an application to court to have him remove the items that were determined to be his as soon as possible.  If he refuses to comply with a court order then that is a big deal and the Judge can fine him for contempt.  If you do anything with them it will be a form of "conversion" and that may indeed be actionable.  Courts do not generally like to be involved in those types of disputes between spouses. But if you are within your rights to entirely use the house pending the divorce go for it.  Good luck.


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