Legal Question in Family Law in South Carolina

abandoned car and property??

I am getting divorced and my ex has left a broken down car in my driveway along with some of his stuff in it. I have been trying to get him to remove this from my property for the last 1.5 years (after he moved out). The house is mine with a clear title but he is contesting. What I want to know (and I have already asked my divorce attorney about 10 times without getting a reply) is how can I have those things removed from my property, legally since he is refusing to remove them himself. (He said he would let me donate the car to Charity but he has not given me the title to be able to donate it. Charity does not take a car without the title. That was a month ago and his junk car is still cluttering my driveway.) Would I be justified and legaly protected to have a tow company impound the car and the stuff in it? Please help!


Asked on 3/15/07, 3:26 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: abandoned car and property??

If you have a divorce case pending, you can simply file a Motion to have the Court require him to move it by a certain date or else. The "else" could include you having it towed to a junkyard or disposing of it in some other method. The Court will most certainly NOT allow him to simply leave it there indefinitely.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 3/16/07, 7:19 pm


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