Legal Question in Family Law in California
I recently got my divorce case finalized by the court. The house was awarded to me by the court as my separate property. However, there are still stored in my garage some old funiture that belong to my ex-wife prior to our marriage. She agreed to remove them soon, but she never came to do that. If she were to postpone removing her stuff indefinitely, what should I do to dispose of her old funiture and personal belongings?
1 Answer from Attorneys
Check your judgment. It more than likely says that the miscellaneous personal property in posession of each of you becomes your separate property. That would make the stuff yours. If it does not say that and the stuff is still hers, you are a voluntary bailee. You may terminate the bailment by giving reasonable notice. Reasonable is not a defined term so make sure it is VERY reasonable by anyone's standards. If she still does not claim the property, you can dispose of it, however if you sell it you must give the money to her, less any provable cost of selling.
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