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  • Division of Assests...UGH

    I am looking for a little assistance here...I as currently seperated and waiting for the day I can file for divorce (not soon enough). My spouse left me after 10 years. We lived in a different city at one point and bought a home there, eventually we sold that house and the money that was made off of that house was used to pay of loans (namely her school). We moved back to my old house that was built for me because of an insurance settlement (I have owned it for over 20 years). When she left our marriage she also left some property at the house stating that she wants it however has no room for it at the present time (this was 9 months ago).
    How long to I have to hold this property for her? Can I tell her that she has to come and pick it up and store it herself and if not I will be getting rid of it?
    What rights does she have to my home? She says she wont' touch the house, if I get her to put that in writing now will that cover me? I am worried to piss her off as I dont' know what she is capabile of!!

    Any assistance would be nice in this!

  • #2
    Originally posted by JMY View Post
    I am looking for a little assistance here...I as currently seperated and waiting for the day I can file for divorce (not soon enough). My spouse left me after 10 years. We lived in a different city at one point and bought a home there, eventually we sold that house and the money that was made off of that house was used to pay of loans (namely her school). We moved back to my old house that was built for me because of an insurance settlement (I have owned it for over 20 years). When she left our marriage she also left some property at the house stating that she wants it however has no room for it at the present time (this was 9 months ago).
    How long to I have to hold this property for her? Can I tell her that she has to come and pick it up and store it herself and if not I will be getting rid of it?
    What rights does she have to my home? She says she wont' touch the house, if I get her to put that in writing now will that cover me? I am worried to piss her off as I dont' know what she is capabile of!!

    Any assistance would be nice in this!
    I would talk to a lawyer,the sooner the better,as I am not sure about the house..as far as I know her property well you have been storing it for far too long. But I would get something in writing from her stating she has no rights to the house..before I throw out her stuff.

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    • #3
      Originally posted by JMY View Post
      How long to I have to hold this property for her? Can I tell her that she has to come and pick it up and store it herself and if not I will be getting rid of it?
      What rights does she have to my home? She says she wont' touch the house, if I get her to put that in writing now will that cover me? I am worried to piss her off as I dont' know what she is capabile of!!

      Any assistance would be nice in this!
      There is no real time frame to something like this.
      Personally I think I would write a letter to her and send it registered so that you can prove that you notified her.
      Advise her that you simply have no room to continue to hold them and if she can find a place to move them within a time frame, then maybe she'll comply. If she does not reply or offers excuses and does not come and get the items would it be too difficult to physically bring the items to her?
      If this is not an option let her know that by a certain date you'll have no choice be to get rid of them for her. Try no to be rude as this only makes things worse.

      If she doesn't come for the items and you've ultimately had to get rid of them yourself and she decides to take to issue to court you'll have documentation that you gave her ample time to come and get them and/or offered to bring them to her as well.

      As for the house, I would get an agreement in writing to that affect first, then deal with the belonging. If however she refuses to sign an agreement (by the way this agreement must be sworn and both parties must advise that they had independent legal advise in order to be valid), and you can prove that it was purchase from the proceeds of an inheritance she may not have entitlement to the home. But there is the off chance that she may claim unjust enrichment for a share of the equity. I'd seek legal advice on this issue as it is pretty complicated.

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      • #4
        I would suggest writing up an agreement that deals with all property. She is more likely to be amicable and agree to letting you keep your house if you specify in the agreement that the property you are holding for her is to go to her.

        After you have the agreement, she'll likely arrange to pick up those items. If not, you can then send the registered letter.

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