Legal Question in Real Estate Law in California

My ex and I broke up 2 months ago. He has items at my house that he left there. How long am I obligated to hold on to them in the State of California? I offered him 3 different times to come pick them up. He declined the first offer, and flaked on the last 2 offers.


Asked on 6/12/12, 11:15 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Nationally, this area of the law is generally known as "bailments," but in California, the term is "deposits," although I think that's a little confusing because it makes people think of money put in the bank or given to the escrow company to start the purchase process. The subject is covered in the Civil Code, starting at section 1813.

If the items got there because he brought them with him and you accepted them into your care and custody, this would be a voluntary deposit. If he brought the things into your house without your knowledge and consent, and left them accidentally or carelessly upon your break-up, the deposit is probably involuntary. The voluntary/involuntary distinction has to do with your original consent to the stuff being there, and might be significant because your duty to care for his things is said to be "slight" in the case of an involuntary deposit and "ordinary care" is required when a deposit is voluntary.

Deposits are also classified as "gratuitous" "storage" or "for repair alteration or sale" and a couple of other possibilities. This is undoubtedly a gratuitous deposit, since you aren't charging him storage nor are you a repair shop or secondhand dealer.

You can terminate any duties you have as a "depositary" (the person holding a deposit) by following the rules set forth in Civil Code section 1847 by either 1847(a) returning the stuff to the depositor; or 1847(b) giving him "reasonable notice" to come and get it and the depositor failing to come and get it.

Sounds like you have already complied with 1847(b). I'd say your duties toward the stuff are fulfilled.

You can now dispose of it in any "commercially-reasonable manner." Take it to the dump, to a pawn shop, sell it on eBay, give it to the Salvation Army, depending upon its value. Keep in mind that the NET PROCEEDS from anything you sell, after deducting your costs of sale, belong to him. You don't become the owner as a result of complying with CC 1847(b). You should set aside the net proceeds of selling his stuff, probably along with receipts, etc. showing that you acted reasonably in disposing of the, er, junk, and that the money you got and set aside is what it was really worth.

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Answered on 6/12/12, 3:10 pm


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