Legal Question in Family Law in California

Spouse holds community property out of reach in public storage facility
My husband has placed our property, again, OUR property, in a public storage facility wherein I have no access. He has lost much of our property previously by not paying the fees for storage. I am very afraid this will happen once again as he is not available, not working and has not paid the facility. They would of course take money from me, but will not give me access...even though I have the key & the contract copy (which incidentally states that no one shall store anything on the premises that does not belong to them). My questions are (1) Can the storage facility legally keep me from retrieving belongings? (They changed the lock and have denied me entrance because my husband told them we have divorced which is not true.) It's my understanding, that if the fees are not paid, they will sell, if they have not already, all our belongings at auction (MY belongings are not even supposed to be in his storage unit (per the contract). Is this legal? Is there any way for me to retrieve my belongings, without having to spend money I don't have on legal proceedings?

Asked on 2/12/08, 6:40 pm

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

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Re: Spouse holds community property out of reach in public storage facility

You husband owes you a fiduciary duty. If the assets are lost, then he would most likely be liable to you for the damages.

On the other hand, you can go to court and obtain an order for the release of your things.

Answered on 2/12/08, 7:23 pm

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