Legal Question in Family Law in Maryland
I got a protective order to remove my husband from the home. We had it placed in the order that he come with the sheriff to get his things in February. That date came and went and he did not come and get his things. Because he let the date pass the sheriff will not escort him. He is now getting a police escort. I want to know what things he can take. I went and packed his things and now he is asking me to go through an itemized list to make sure everything is there. Do I have to go back through everything and check it off the list? Also, if he flakes on this date or claims he did not get everything can he come back at a later date or sue me for the stuff he claimed he did not get? Also, what kind of notice do I need to give him before I trash his things. I will be moving soon and cannot move everything.
Thanks for your help!
1 Answer from Attorneys
The original order should have spelled out what items he could take. Generally, it should include his personal effects--clothing, etc., but not furniture, unless certain items were specifically set out in the order or agreed to by you. But you should at least review his list to make sure there will not be problems down the road. I suggest you have him sign an itemized receipt for the items he takes. If he no shows or doesn't take everything, advise him in writing that you plan to dispose of any remaining items by your move date. That way if he sues you will be prepared to defend yourself.