Legal Question in Family Law in California
Financial settlement
Hi, i have a question related to financial settlement. My x-wife moved out of the house 3 yrs ago and our financial settlement is still pending. The decision on our house was taken last month and we could easily sell it for a good price. I have some old furnitue which we bought before our divorce (community property). I am ready to give it free of cost to my x-wife, as the house is sold now and i am moving out. But she claims that i need to wait for the judgement from the court on this along with the financial settlement. I have given her notification that she can pick the furniture up from the house by the last day of the escrow period, else i will donate the common furniture. She is threatening me that she will go to the court if i get rid of the furnitue and wants me to get a storage space for this furniture and pay for it till the court ruling on the final settlement. What do i do? Any help on this is highly appreciated? Thanks.
1 Answer from Attorneys
Re: Financial settlement
You should be discussing this with your attorney. If you do not have an attorney then you should seriously consider retaining an attorney. Send her a written notice that she is responsible for the furniture and if it is put into storage and she will be responsible for the storage fees. Part of the process of analyzing this matter is to compare the value of the furniture to the cost of storing. Another approach is to take the cost of storage out of the proceeds of the sale of the house, with each party leaving an amount equal to the cost of storage in a trust account. When the matter is settled then the court can determine who should pay the storage fees.