Well, Can I Throw My Ex’s Things Away?
If your spouse has moved out with the essentials and left a whole bunch of non-essentials at your place, you may be wondering whether or not you can throw them out, or if you have to wait for your spouse to come get them. The short answer is as follows: maybe. A lot of factors will go into determining whether or not you can throw your spouse’s items away. Even if you legally can throw them away, you may not want to do that as it could add conflict to the divorce process. Though the laws vary from state to state, you will almost certainly have some obligation to work with your spouse to schedule a time for them to retrieve their belongings before you throw them away, donate them, or sell them. You may need to allow them multiple attempts and ample time before you can dispose of their belongings. If you and your spouse have decided to separate, you may be looking at their items and thinking, “finders, keepers.” While you may believe it would be a funny thing to destroy, sell, or donate whatever they’ve left you, it is almost certainly in your best interests not to do this.
What If My Ex Won’t Return My Belongings?
If your ex will not return your belongings, you will have to go to court in order to get those belongings back, especially if a judge has already ordered that those items will be awarded to you. When you go to court over items that should have been awarded to you, but your ex has failed to return them to you, you should have a list of the items, the condition that the items were in, any certifications verifying value and/or authenticity, as well as the estimated value of the items. You are expected to raise all issues over asset distribution in a single hearing, meaning that judges do not want you to go to court over your golf clubs one week and then next week go to court over your television set the next week, etc. Problems may occur when you and your ex are fighting over items that have sentimental value only.
What If My Ex Already Disposed of My Items?
It depends on the item. If your ex got rid of an item that had an objective monetary value—an heirloom engagement ring, for example—they may have to compensate you for the monetary value of the engagement ring. If it was a $3,000 ring, they might have to give you $3,000 or offset the cost of the engagement ring with assets that would have gone to them—maybe you get an extra $3,000 worth of equity in the house. However, if your ex disposed of an item that didn’t have any objective monetary value—a baby blanket for example—you are unlikely to have any success in recouping the loss of that item, as it would be difficult for the court to calculate a fair resolution given that the baby blanket has only sentimental value. If your ex has disposed of items that do not have any objective monetary value, you may be out of luck when it comes to getting any resolution. If your ex has disposed of something that has a significant amount of value, it may be worth it to speak with an attorney regarding your options on compensation. Once you’re out of the house, it may be difficult to get back into the house and get the item—especially if its value is sentimental only. If divorce is eminent, make sure that you’re taking steps to secure personal property before you leave the house.
Tips for Managing Conflict
You may want your ex’s stuff out of the residence you once shared, and that’s completely understandable. However, it’s important that you work with your ex to return the items to them. Make sure you’re considerate and respectful of their time, giving them multiple opportunities to retrieve their items. Do not intentionally damage their items or allow the items to be stolen. While it’s important to be respectful of your ex, there may come a time when you would be legally able to throw your ex’s items away. If you’ve given them multiple chances to pick up items, and they refuse to do so, you may consider telling them that, if they do not pick up the items by a set time, you will be getting rid of them. If you are leaving your spouse’s house in a separation, make sure you take any valuables with you. If you cannot take an item, note its condition, location, and value. Take pictures of the items you’re leaving behind before you leave. If you have certifications of authenticity, appraisals, or any other documentation, make sure you take those as well. If you have concerns for your physical safety, it may be necessary to have a police officer facilitate the transfer of property. It is always a good idea to get your attorney’s advice before you do anything to dispose of your ex’s property or if you need help managing the transfer of the property.
Can You Ever Sell or Throw Away Your Ex’s Property?
The laws vary from state to state but if your spouse moves out and leaves their stuff behind, you will eventually be legally able to dispose of it—especially after the divorce is finalized and they have had ample opportunity to retrieve their belongings, but have continuously failed to do so. Before you dispose of your ex’s belongings, you should consult an attorney to ensure that you are not violating any laws or exposing yourself to any liability by disposing of your spouse’s items.
Got Problems with Property and Your Spouse?
There can be a lot of issues with property and dividing marital assets during the divorce process. I’ve you’re getting divorced, and you need legal advise regarding asset division, CoilLaw is here for you. Contact us today to set up your initial consultation.
