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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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When is personal property considered abandoned in NJ I

Customer Question

When is personal property considered abandoned in NJ?    I am getting divorced, have a final restraining order against my husband. He has said he wants his personal possessions, given me a compiled a list of his possessions, enlisted friends to help him.   I have offered dates his friends can pick up the stuff on two occasions and he does not respond. After a period of time, he says I am keeping him from his stuff and we start all over again. It is a game to him. I would like to get his stuff out of my house. He does not want to pay for storage. How to I get him to take his stuff?
Submitted: 8 years ago.
Category: Family Law
Expert:  Lady Themis replied 8 years ago.

Thank you for your question.


"Abandoned property" is defined in the statutes as property of which the owner has intentionally given up possession under circumstances evincing intent to give up ownership. If your huband continues to ask about his things, he has not evinced an intent to give up ownership of them.


You can ask the court to make a final date by which your husband must remove his things from your home before they will be considered abandoned. This is pretty typical in divorce situations, because the back and forth over personal property can get to be endless if no date is stated.


Customer: replied 8 years ago.
I have an idea to rent a POD, fill it with the things he has requested and have it delivered to the condo he is living in. Does this sound like a viable legal solution?
Expert:  Lady Themis replied 8 years ago.
You may run into trouble with the condo association for having a POD on the property. If you are considering that, it may be better to leave the POD on your property. You also run into liability if things get damaged, lost, etc. And you may end up renting it for a long time if he never gets his stuff out of it.

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