Legal Question in Family Law in North Carolina

If an item in a separation agreement was nit taken by spouse at the time they moved out of state are they entitled to the item 9 months later.


Asked on 3/17/16, 7:40 am

1 Answer from Attorneys

Depends on how the Agreement was drafted. However, they are most likely entitled to it. Further, you are likely in what is known as a bailment situation where you are required to use reasonable care to store the item for some period of time. While you would likely be required to give them access to the item you would not be required to ship it to them. If you want to dispose of the item you can send a written notice giving them a reasonable time to come and get the item and if they fail to do so generally you can dispose of the item again depending on the exact terms of your Agreement. Another thing you can do is put the item in storage and charge them the storage fee - again you need to provide them with written notice. Best of luck!

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Answered on 3/17/16, 8:06 am


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