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22 Aug 16

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

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Getting Things Removed Following A Divorce Or Separation

It can be a serious strain on anyone to have to deal with keeping the belongings of someone with whom they have had a falling out with. Often this situation arises when one has separated from or divorced their spouse. If that spouse refuses to remove items from the living area that the two of you once shared, then the problem can quickly escalate into a very serious issue. The person who is still in possession of the items needs to understand what the proper steps are to have these items removed legally.

Do Not Act Rash Even Though You May Want To

Your first line of though may be to simply throw the items away or even sell them. You might be angry with the person who has vacated the premises, and riding yourself of his or her belongings can feel good emotionally. That being said, it is not the appropriate or legal response to take. Instead, you should take stock of what all belongs to the other person. A detailed inventory is not completely necessary but it is probably a good first step towards riding yourself of this issue.

Notify The Person That They Have Belongings They Need To Retrieve

It is likely that the person who has left possesses behind is aware that they have done this. You are not likely to surprise them with this information, but it is still important to notify them of the situation. They should be informed in a way that retains a copy of this information for yourself as well. In other words, if you send them an e-mail informing them of the situation, you will still have a copy that can be used in court later if necessary.

Another option in this step is to send them a letter via certified mail that informs them of the fact that they have items to be removed. The certified option means that you can confirm later that they received said notification from you.

Give Them A Deadline

Most courts in the land respect a 30 to 60 day deadline to have someone retrieve their possessions. Thirty days should be considered the minimum, and 60 days is probably preferable. However, it should be no fewer than 30 days. That is surely enough time to give to just about anyone to have their property removed.

If the individual fails to remove their possessions after this period of time, it is likely acceptable at that point to remove them yourself. It would be difficult for the other person to come back and say to the court that you were being unreasonable at that point. As long as you have proof that you gave them time and notifications that they needed to get things removed, they should be able to do so.

Most of these types of cases do not end up before the court, but it is important to understand this information beforehand. You do not want to be dragged into court by someone angry that you have gotten rid of possessions of theirs that should never have been thrown out in the first place.

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