Legal Question in Family Law in California
My wife and I have been seperated for over 3 years and living in different residences. We have not legally filed for divorce yet due to financial and employment circumstances. I have asked her countless times to remove her belongings and property from my home. She refuses, or delays, or forgets, and I really need these items to be cleared out. She then makes claims that I am responsible for half of the cost for her to move and store the items to try and intimidate me from pushing the issue. How long do I legally have to allow her things to remain here? When can I dispose of them, or consider them abandoned? I live in Lincoln, CA.
1 Answer from Attorneys
I cannot think of any financial or employment circumstances that would preclude anyone from getting divorced. As long as you are married, there is no clear "her" things and "your" things. In addition you have a fiduciary duty to her to preserve assets and property. Your only solution is to get off the dime and get a divorce going.
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