Legal Question in Real Estate Law in California

Unclaimed possessions.

My ex-husband left our home in July, 96. We legally separated at that and legally divorced in l998. I retained full ownership of the family home. For the last 5 years, I have been asking my ex to remove one

car that is his and in the driveway and a truck that is in front of the house. My garage is full of tools, tool boxes, car parts and other personal possessions of my ex-husband. He refuses to take these things away, yet wants me to store them? What is my legal responsibility for these items. May I sell them and keep the money that I bring in?


Asked on 5/29/01, 1:54 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unclaimed possessions.

This is not quite a landlord-tenant situation. If it were, you would be responsible for the possessions and there would be a well-defined process for handling them (establishing that they were abandoned).

First, I suggest you confirm that you 'retained full ownership' of the family home. It is usual in California for the 'family home' to be community property. Check your judgment of dissolution and your marital settlement agreement if you had one to be sure the house is now 100% yours. You might also check to see if the judgment or the MSA makes any reference to the personal property in question.

I suggest you look at the procedures outlined in Civil Code sections 1980-1991, applicable to property abandoned by former tenants. I cannot advise you with certainty that your former husband is a 'former tenant' to place your situation squarely within these Code sections, but a strong argument can be made that these sections apply. In any event, if you followed the procedures set forth in these sections religiously, you should be above criticism.

Additional laws apply to abandoned automobiles. You might inquire of one of those charities that advertise a tax deduction for donations of old cars.

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Answered on 6/22/01, 8:07 pm


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