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How do I legally get his stuff removed from my house?

December 3, 2018 Our Blog


A divorce or separation can be easy and amicable. People can simply decide they no longer wish to be with each other. Unfortunately, not all separations and divorces are so easy. There may be problems that exist as the process begins. One issue that can arise are when one member of the couple has items in the couple’s lodgings the other does not want to keep around. This amount of items left behind can range from a few items of clothing to multiple things including electronics, personal photographs and other things that may have lots of financial and sentimental value. Items that are left behind can cause all kinds of problems. For example, if the person is moving to another space, they may not want to pay the additional cost of bringing them with them during the move. The other person may simply, repeatedly refuse to remove them despite pleas to do so by the other party.

Be Measured

It can feel infuriating when this happens. The first thing to do is avoid doing something suddenly. The law makes it clear that people have certain property rights. It is best to think about what to do and set up a plan to do it. Simply throwing the partner’s things out, however tempting, is not a good course of action. It’s best to begin with a few basic steps before doing anything else. Anyone in the process of separation and divorce should begin by creating a list of belongings they no longer wish to have around. These belongings should be belongings that are solely owned by the other partner. For example, that partner’s clothing, shoes and other items such as a high school yearbook. Create a list about each item. It should include details such as the make and model. It should also include pictures of item. This shows what kind of condition that the item is right now. Detailed pictures provide legal evidence that can be used in court during the process of separation to help indicate the condition of the item and where it was stored during the separation and divorce process.

Let the Person Know

After creating a list, it’s time to let the other party know in writing. Contact the spouse and tell them about the belongings that are no longer desired. It’s best to do this as formally as possible. Sometimes, the spouse may be fully aware that their items are not wanted there. They are keeping them there in part because they are deliberately trying to make life harder for the other person. The law does not care if this is the case. What a judge will care about are formal efforts to let the person know their property is no longer wanted at this point in time. The judge will also care very much that all steps have been taken to inform the spouse of this fact. It’s best to do so via certified mail. The mail should indicate the specific items that are not wanted. For example, one partner can tell the other they do not want to have their socks around as well as any existing electronic gaming systems and the spouse’s winter coat. Think about including pictures in the mail to indicate the current condition of the items. This can help ward off claims that any items were damaged later on by the spouse who is presently holding them right now. Sending the letter certified mail is ideal. It offers any divorce court legal evidence that the party was connected directly in person about the items in question.

Be Specific About Deadlines

Once the process to retrieve belongings belongings has been set in motion, it’s time to create a deadline. The deadline gives the spouse time to pick up their items. Make sure it’s at least thirty days. This illustrates that one partner is acting in good faith and giving the other partner every opportunity to pick up their belongs up and get them. The time frame should begin from the time they have received the certified letter. This means they have been notified of the deadline in writing. Doing it this way has many important advantages. If they do not get the items they need in that time, the spouse is free to get rid of them. The letter and the deadline provide plenty of evidence that the other partner has lived up their legal obligation to let them know about their personal property.

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