Legal Question in Family Law in Maryland
How can I legally remove my husband's belongings
I have separated from my husband for 1 1/2 years. Six months ago he was getting evicted from his apartment and asked if he could leave his belongings in my basement and pick them up when he moved to Baltimore. I found out that he moved without telling me. I have asked him on several occasions to put up his belongings and he never shows up. I have attempted to send emails and certified mail. He has refused the certified mail and will not return emails or phone calls. How can I legally remove his belongings from my house?
3 Answers from Attorneys
Re: How can I legally remove my husband's belongings
I knew one woman with a similar problem who had the property packed up and shipped, collect, to her ex-husband. She included in the shipment some very heavy iron pots, and the shipping charges were incredible. I don't necessarily recommend that approach, because he may refuse to accept shipment, but it's fun to think about getting even. Your best move is to notify him, however you can, that he has (BLANK) days to removed his things, and if he does not you will dispose of them and, if you are able to sell any of his things, you will keep the proceeds as a storage fee. If he won't accept certified mail, you could have him served notice by a process server for around $30-40. The process server will sign an affidavit, on a copy of the notice letter, certifying that he has served your husband with the letter at a certain date and time. Then, if he doesn't remove his things, sell them if you can, give them to Goodwill, or put them out for the trash collector.
Re: How can I legally remove my husband's belongings
Simple.... you put them on the curb ready for garbage pick up. However, before doing so, make sure that you have exhausted all avenues to contact him and that you have given him enough time, after being contacted, to retrieve his belongings. If he were to sue you for disposing of his things you would have to show that you have acted in good faith and have made a real effort to resolve the issue with him. Also, make sure that you do not have an agreement of some sort, in writing or otherwise, that would oblige you to maintain and keep his property for some time. GOOD FAITH, GOOD FAITH, REASONABLE ATTEMPTS TO COMMUNICATE WITH HIM AND PROOF OF THOSE ATTEMPTS!!! E-mails are great, but it is difficult to prove that you actually sent them. Cerfified mail is a better idea, personal contacts with a witnesses just as good... proof, proof and proof. Good luck.
Tiziana Ventimiglia.
Re: How can I legally remove my husband's belongings
Here is the problem. Courts will not expect you to hold onto the property forever, however, you must make a good faith attempt to contact him. The certified mail receipt is a good start and so are the emails, assuming you've kept a copy. However, do you know anyone that would know how to get ahold of him? Just try every avenue you can think of to notify him and then you can discard the property. However, do keep in mind that a court may require you to reimburse him for the property should it find that you didn't pursue all avenues or you acted in bad faith.
It is a terrible bind to be in and it is unfair, but do all you can to attempt to get his belongings back to him.