How long mustI wait for my ex-husband to remove his personal property from my home before I can dispose of it?

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How long mustI wait for my ex-husband to remove his personal property from my home before I can dispose of it?

There are certain items that are still at my home that were given to my ex-husband in our divorce agreement. How long does he have to remove them from my property?

Asked on December 28, 2011 under Family Law, South Dakota

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Usually the terms of the divorce agreement dictate how long he would have to remove the property out of the house. If it does not say this, then what I would do is send him a certified letter giving him 60 days to remove his property. Indicate in the letter that if he does not remove the property or make alternate arrangements for the property that you will deem it abandoned and take possession of it. See how he reacts. If he does not respond then just get rid of the stuff after the time frame given. If he does respond and needs more time, try and work something out with him. If he takes you to court to prevent you from getting rid of the things, tell the court that you want to charge storage if you are forced to maintan his things.   


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