Legal Question in Family Law in California

My spouse and I are in the middle of divorce proceedings. She moved out of our home 2 years ago, but still has boxed personal items in the garage that I want out. She has had numerous opportunities to take her things but won't. What can I do to get her crap out of my house without getting into trouble with the law? Thanks.

Asked on 1/15/10, 3:55 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You are not under any legal obligation to keep her things indefinitely. If you want to be super careful, you could file a motion for a miscelaneous order that she remove her things by a date certain or they be deemed abandoned to you. Realistically, though, if you give her a deadline that is a fairly long way off, notify her that if she does not retrieve her things you will dispose of them, give her fair opportunity to get them, and give her the notice several times before the deadline, she will be hard pressed to get any relief from the court if you then get rid of the things.

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Answered on 1/20/10, 5:23 pm

Patrick McCrary Law Office Of Patrick L. McCrary

Because of the automatic restraining orders you cannot dispose of anything or take any action until you have a final judgment, unless you obtain a court order. You will need to file a motion to obtain that order. If it has been two years and you still do not have a judgment you should consider retaining an attorney. Good Luck, Pat McCrary

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Answered on 1/21/10, 8:43 am

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