Legal Question in Family Law in New Mexico
Property
I am divorcing my husband who is in jail at this time and will be for one year. I have a storage unit with personal items from out marriage inside. We would like a document that gives him possession of this unit and contents should something happen to me while he is still in jail (death). Our settlement aggrement sets forth divison of property upon his release. This is something we would like in case of emergency so that he does not loose his things should something happen to me.
1 Answer from Attorneys
Re: Property
What exactly is your question? You say your settlement agreement sets forth the division of property upon his release. That sounds like you two have an agreement. Is putting his stuff in a storage facility in the agreement? There is nothing wrong with you putting his stuff in the storage container and leaving it there until he is released. The only thing I wonder about (of which you did not address) is who is paying for the storage facility? If you are putting it in storage you will be the one responsible for paying for the storage fee. So, if you don't pay the fee he may not be able to recover his property.
Please clarify exactly what is your question, okay?
Good Luck