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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29261
Experience:  29 years in civil, probate, real estate, elder law
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My husbands ex-wife was allowed certain items when she & my

Resolved Question:

My husband's ex-wife was allowed certain items when she & my now husband divorced 7 years ago. She never took the items, such as a stuffed animal "Marmaduke" doll & a few cheap dolls, when they divorced. 3 years ago (4 years after they had been split) my now husband moved in with me. When we were cleaning his house out, we found some of her items & took a load to her & told her to come to the house & get whatever else she wanted. She did but did not take a few items including the dolls & the stuffed animal. We put a bunch of stuff into storage (including these items) & for the past 3 years have been paying storage fees on the storage unit. The ex-wife texted my husband 2 months ago asking about the stuff & my husband told her that she should have got them already. We received a letter from a lawyer yesterday saying that she is wanting this stuff & we have until August 7th to make arrangements with her or they will take further action. My question is, are we still required to give her whatever she wants after all of this time & shouldn't she have to pay us for the storage fees we have paid for the last year? I know the while thing sounds very childish but we have endured much from this woman and I believe that it has got to stop somewhere. I hope anyway. . .
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.

RayAnswers :

Thanks for your question and good evening/

Customer:

Same to you

RayAnswers :

The botXXXXX XXXXXne here was she was awarded this stuff.You need to give her the stuff.Your husband here if he chose could file small claims for the cost of storing her stuff. He has to decide if he wants to do so.Certainly he would have a claim for storing her stuff for this time if he chooses to pursue it.

RayAnswers :

Free forms for small claims

RayAnswers :

He can sue here up to $5k

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

Customer:

The catch here is that she was awarded some items but it does not exactly state anything about this Marmaduke stuffed animal doll. I promise I am not trying to argue with you. :) I am just trying to understand this situation the best I can. My husband is required to keep her items for years until she is ready to take it back?

RayAnswers :

I think he should have notified here at the time or some where up the road if she didn't claim them within thirty days he would donate them.
His lawyer here should have resolved this matter and forced her to get them.But this part should have been better defined.Honestly it sounds like she is trying to pick a fight over nothing.

Customer:

I completely agree with you. She and her mother are starting something all of the time. So since it was not better defined, does that still mean that she can still claim them years later? What if we would have just thrown the stuff away 3 years ago because she didn't clam them? Could we have been in trouble for that?

RayAnswers :

She has the right to this stuff.I am not sure that a judge would find him in contempt if he didn't return them.If he thrown them away the judge would have had to assign a value.He can file small claims for cost of storage.

Customer:

Ok. Thank you for your advice. Do you really think it would be worth it to file a small claims case?

RayAnswers :

Not really but I've seen people each pay a lawyer fighting it out over a picture worth about $50.The lawyers were getting at least $250 an hour each and the hearing lasted a couple of hours.Love or divorce are not always logical.It depends how bad he wants to get back at her.

RayAnswers :

Thanks for letting me help you.If you can click accept it is much appreciated.

Customer:

Would it be wrong to ask her himself for part of the storage money?

RayAnswers :

No it sure doesn't hurt to ask.

Customer:

Ok. thank you very much for your time and advice

RayAnswers :

You're welcome

Ray, Lawyer
Category: Legal
Satisfied Customers: 29261
Experience: 29 years in civil, probate, real estate, elder law
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