Family Law Questions? Ask a Family Lawyer Online.
I did not get much of an answer from you. A simple question from you is not an answer to my question. If you are telling me I have no recourse because I didn't give her a deadline in writing just say it.
If your question the best and most complete answer I will give a negative review.
My answer to your questions was no.
I did not provide her with a written formal request to remove the things she left in the house. She had over a month from the time she left to move out any items she wanted. There were no formal documents as you would have if you were trying to track down someone abandoned/left a rental
There were some comments that she was leaving things in the house for the kids. 2 kids are under 18 one is 22. The oldest is in college and she said some of the stuff was his but nothing in writing.
I did tell her (not in writing) that she could get the rest of her stuff in the couple of weeks (reasonable amount of time) after she moved out.
The MSA gave most of the stuff in the house to her.
My position is that she waited too long to have a claim on anything. I will create a timeline that shows she moved out in Mid September and didn't even ask for anything until Mid April when I received the loan modification and told her I was going to remarry.
If I could have an answer by next Monday that would be great.
In order to legally terminate the bailment, you have to give notice to the bailor that you are terminating the bailment and that they have XX days to remove the property or you will consider it abandoned and dispose of it. If they don't come get it, then you can dispose of it as abandoned.
So in your case, if you gave her notice to come get the property and she failed to do so, I would opine that you would be justified in considering the bailement to be terminated and that she has abandoned the property. It would be unrealistic for you to be expected to keep her property indefinitely and if she doesn't take action within a reasonable time after being awarded the property, then it could be presumed that she has abandoned it. If it was that important to her, you can reasonably assume that she would have wanted the property in her possession.
Although I am not the judge in the case, if I were, I would rule that you gave her more than a reasonable time to come get the property and by her failure to do so, she effectively abandoned the property and you were free to dispose of it however you chose to.
If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.
I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).