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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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I recently got divorced in January. My decree was finalized

Customer Question

I recently got divorced in January. My decree was finalized on January 15th. She moved away to Guam, I live in Arizona. When we were married we made the decision to put our home in a storage in Arizona. Now that we are divorced I've told my ex-wife that if she wants stuff out of that storage unit, she is going to have to pay for it out of her own pocket. The storage unit is in her name, but I make the payments on it. I told her that I would keep paying it until it was no longer convenient for me. How can I go about handling this matter?
Regards
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Welcome,
My name is XXXXX XXXXX I will do whatever I can to answer your questions!

FiveStarLaw :

Does your divorce decree/property settlement mention the storage unit?

Expert:  FiveStarLaw replied 1 year ago.

Welcome,


My name is XXXXX XXXXX I will do whatever I can to answer your questions!

 

Does your divorce decree/property settlement mention the storage unit?

Customer: replied 1 year ago.

No it does not.

Expert:  FiveStarLaw replied 1 year ago.

Since the divorce decree/property settlement does not mention the storage unit and the storage unit is in your former wife's name, there is no legal obligation to continue to make the payments on the storage unit.

The divorce decree/property settlement determines all rights and responsibilities of the formerly married parties. Since neither the divorce decree/property settlement nor the lease require you to make payments on the storage unit, you may lawfully stop making payments at your convenience

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 1 year ago.

Okay, well we both have stuff in our storage unit. I have told her that I would make payments on it until it was no longer convenient for me. At that point, I would be within my legal rights to allow the lack of payments default to her since the unit IS in her name?

Expert:  FiveStarLaw replied 1 year ago.


Yes – you would be within your rights to stop making the payment. That said, since the storage unit is only in her name, she may not be obligated to return those items to you.

Does this make sense to you? I would be glad to respond to any related follow-up questions that you may have.

Customer: replied 1 year ago.

Okay, that is the question I was leading up to.


Since the storage unit is in her name, does it make what is in the storage unit hers?? I'm not trying to spend my money to send her stuff to her, but at the same time I'm doing my best to be decent and civil about this matter. The storage unit still has stuff in it that is mine and hers and there was no formal division of the stuff that is in the storage unit, so what would be the best way to go about this?

Expert:  FiveStarLaw replied 1 year ago.


If you have the authority to enter the storage unit, you may consider removing your items and then putting your former wife on notice (letter or telephone call) that you do not intend to continue to pay the rent.

If you do not have the authority to enter the storage unit, consider contacting your former wife and requesting the authority in exchange for the payments you have made

Customer: replied 1 year ago.

Please define authority, as in written?

Expert:  FiveStarLaw replied 1 year ago.

Authority can be written or verbal.. It can also be implied if she gave you the key
Customer: replied 1 year ago.

I just wanted to clarify that, seeing as how I have the key and she is no longer geographically able to access it and seeing as how we are divorced, I told her that if she wanted anything sent out to her, she can come get it and I'm not legally obligated to send her anything.


Thanks for the help!

Expert:  FiveStarLaw replied 1 year ago.
It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.
Customer: replied 1 year ago.

You mentioned that entrance authority can be implied. Help me understand this. We separated without the intention of getting divorced, but since I am here in Yuma and she is on Guam, I have the keys, does that still count as implied authority??

Expert:  FiveStarLaw replied 1 year ago.

 

Yes it does appear that you have implied authority to remove your items

 

If you would take a moment to click the rating tab to rate my work, I would appreciate it.

FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36646
Experience: 25 years of experience helping people like you.
FiveStarLaw and 8 other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"

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