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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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In a divorce decree from 2008, my fiancees ex-wife was awarded

Resolved Question:

In a divorce decree from 2008, my fiancee's ex-wife was awarded a horse trailer. In 2010, she moved out of the marital property, which has been retaind by the ex-husband She left behind several itms, including this trailer, which were awarded to her in the divorce. Is there a statute of limitations on how long she has to claim "her" property? If any improvements were made to her property (ie : tires, etc. for the trailer) is she responsible for payment for these items? Can my fiancee charge her storage for the trailer (without any notice..ie: if he were to want to purchase the trailer, could he deduct storage costs).
Thank you!
Submitted: 2 years ago.
Category: Legal
Expert:  LADYLAWYER replied 2 years ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today. Please give me a moment to review your question and to answer you.
LADYLAWYER : Can you please tell me what state this is occurring in? Thanks!
LADYLAWYER : Also, was his ex using the property as a rental and paying any sort of compensation to your fiancée?
LADYLAWYER : Since you are not yet in the chat, I must step out and help waiting customers. Please just reply to my questions and I will be notified and get back here ASAP. Thanks!
Customer:

We are in arizona. The ex lived here for 2 years followng the divorce. She allowed the property to go into foreclosure and, my fiancee was able to save it "on the courthouse steps. He paid the back mortgage payment s and, bought her out.

Customer:

She has never paid any rent etc. she was to have paid the mortgage (and didn't) so, he ended up with a 35 year loan but was able to save the property and, has lived here since 2010.


 

LADYLAWYER : Okay thank you. I was hoping to make it a landlord tenant situation with abandoned property as the law is very clear about that and what he can do in those circumstances.
LADYLAWYER : However, he can still send her a formal demand letter telling her that she needs to remove her property within 30 days or that he will consider it abandoned.
LADYLAWYER : The issue is getting the title in his name without her signature, which may take a court order. He could still get one if she does not reply or remove the property in 30 days, but he would have to either file suit to do that OR he could try going back into the divorce case and having it awarded to him.
LADYLAWYER : He will need to send the demand letter by certified mail, return receipt requested.
LADYLAWYER : With regard to the improvements, she would not be responsible for those, especially if they were made so that the other party could enjoy the use and benefit of the items.
LADYLAWYER : With regard to storage of the trailer, he needs to give her 30 days notice to get the trailer or that he will either consider the property abandoned and seek ownership of it in court OR that he will start charging her storage fees. So he does need to give notice if he plans to charge storage fees.
Customer:

The title never left his name..does this change anything

LADYLAWYER : Oooooo. Yes, he can go ahead and sell it after the 30 days then.
LADYLAWYER : BUT, it may be more prudent to hold on to it and charge up the costs of storage until it is "paid off." and then he can just keep it.
LADYLAWYER : He can probably keep it anyway after the 30 days, but if has the storage costs on top of it, he should be very protected.
LADYLAWYER : And of course, she would have to hire a lawyer to do anything about it. Because legally, the trailer is still in his name and is his at least on paper.
LADYLAWYER : Uually, when people aren't paying their mortgage, they don't have money to hire an attorney either.
LADYLAWYER : *usually
LADYLAWYER : If you have any further questions about this, I am of course more than happy to keep assisting you! If not, please consider leaving me an excellent service rating as the rating system determines our employ with the site. If you need anything further at all, please reply before you consider a negative rating. Thank you!
Customer:
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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