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My spouse of three years left 30 days ago and refuses to pick

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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Customer Question

My spouse of three years left 30 days ago and refuses to pick up his personal property. We live on my fathers property and my spouses equipment is impedeing the organization of my fathers equipment. I have had breast cancer and leukemia in the past three years and my father is receving treatment for colon cancer. This situation is causing both of us undue stress. My husband stated he has filed for divorce however I have received no papers. I am a nurse and on disability for leukemia and am unable to return to work given the amount of stress caused by the situation. I might also add that my spouse is an alcoholic and has mentally and finacially abused me. What recourse do I have regarding the immediate removal of his personal property?

 

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Country relating to Question: United States
State (if USA): Ohio

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I have begged him via email phone and text and instead of agreeing to pick up his things he called the police and and the officer notified me that I shall have no contact with him and he shall have no contact with me.

Submitted: 345 days and 11 hours ago.
Category: Legal
Value: $69
Status: CLOSED

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Expert:  Dimitry Esquire replied345 days and 11 hours ago.


Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.


To answer your question directly, you do not yet have the ability to remove his property, but you can push the issue. First you need to find out if there is an actual restraining order in place, or if the police merely requested that you no longer communicate. The former is binding, the latter is not. If there is an order in place, you would need to resort to counsel but if there is no order, you can send him a formal certified letter at the new place where he resides, and give him 30 days to remove his property. Then state that if he fails to do so, you will take the items to a charity or a non-profit, donate the items, and send him the receipt. This way he would not be able to later claim that you profited or kept his items. Beyond that since you did live together, you would owe him a duty to keep his items safe until he removes them, or you formally donate them to a non-profit charity.

Good luck.


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Dimitry Esquire41099.9341253125

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.2 %
Accepts: 13534
Answered: 7/9/2012

Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

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Customer replied345 days and 10 hours ago.

I do not know where he currently resides. Can I lawfully send a certified letter to him via his employer?

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Expert:  Dimitry Esquire replied345 days and 10 hours ago.

Thank you for your follow-up, Vickie.

If you do not know where he resides, you cannot remove his items. One of the issues with living together is even if he is not home, he still lives there, as do his items. You would have to show that he 'abandoned' the premises with no intention of returning, and that he lives elsewhere for you to be able to remove his items, even with notice. Until then, those items have to remain on the premises. Serving him a letter at work is not sufficient because if he can show, for example, that he was staying at a hotel, then he as yet did not move out from your home, and you would not be able to remove his items without his consent. You therefore really need to find out where he lives, and then if you do, you CAN send the letter to the new address or to his work.

Hope that clarifies.Dimitry Esquire41099.9586672454

Customer replied345 days and 10 hours ago.

He told me in person and via email that he had rented a place. He did say that he did not sign a lease. He told me that he notified his attorney to file divorce proceedings. What options do I have in light of this information?

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Expert:  Dimitry Esquire replied345 days and 10 hours ago.

Thank you for your follow-up, Vickie.

In that situation you have two options. First, you wait and see until you are served and see what address he places on the documentation. You can also contact that attorney to be the middle-man and have the attorney possibly broker a time when the property can be removed. Second, you can personally remove his items and place them into storage, but you would not be able to remove them out-right as you remain responsible for them while they remain on your property.

Good luck.Dimitry Esquire41099.9663871528

 
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