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I live in Massachusetts and filed for divorce in February.

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Our first court date was...
I live in Massachusetts and filed for divorce in February. Our first court date was set up for Aug. I needed to sell the maritial home because I can no longer afford it so I filed a modified order and went to court to get permission to sell the home. I was granted my request and received paperwork in the mailed stating my ex needs to "comply with the sale of the maritial home". She still has boxes and boxes of her belongings in the home and basement and there is no way I can put the home up for sale like that. How do I get her to remove her belongings? Since the order states she has to comply with the selling of the home can I legally send her a certified letter giving her 30 days to remove all of her belongings? Thank You
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/13/2010
Lawyer: legaleagle, Lawyer (JD) replied 8 years ago
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
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Yes you can give her a written 30 day notice to remove her items to be in compliance with the order to sell the home or that you will store them in a storage facility and charge her for the storage fees before returning them to her. Or due to her refusal you can go back to court for a contempt order to get the judge to allow you to remove and throw away or sell her items after 30 days, rather than store, if she does not agree.
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Customer reply replied 8 years ago
Is there anything else you would recommend to get her to remove the items besides send a certified letter? She has said before she will come and look through the rest of the boxes and this could mean she will be there for hours. How do I get her to just remove the items once and for all? How do I set up a date for her to do this because I would like police present since we are going through a very diffifult divorce and custody battle
Lawyer: legaleagle, Lawyer (JD) replied 8 years ago
The key here is to give notice in a way that you can prove. You do not have to give 30 days. You can say within 15 days or just say on x date she needs to be there to remove the items and that she can go through them after removing them. So the certified letter giving her notice is best or have your attorney give notice to hers in writing to prove you gave notice so if she fails to show you can remove the items or a court order for her contempt.
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