Legal Question in Civil Litigation in Virginia
I have a question pertaning to disposition of personal property that seems to have been abandoned. I was engaged several months back and bought a house where my future bride and I would live. After the purchase and building of the house we moved in together. Subsequently, the relationship came to an end w/o a marriage occuring and I have been contacting my ex to remove her personal property from my home. I have since purchased my own furnishings for my home and have moved her property into the garage to make room for my own things. My ex has been gone since sept 2009. In october 2009, they came and retrieved small items of personal property leaving behind washers, dryers, and large home furnishings (couches, etc). Two days afterwards, they told me they were going to get a UHAUL and come remove the rest of the property. I had no communication with her for two months. Dec, 6, 2009, she called to tell me she was going to leave funds with a neighbor for me to rent a Uhaul and remove items from my home, with no guidance as to where it was going to be placed, other than she was going to rent a storage unit. None of that occured. Shortly thereafter, she called and said she coming to get her things, and never showed up. It is now January, 2010 and I am in desperate need for her to remove her things. All communication has seemed to break down and at this point, I would like to donate it to charity. I heard that after 30 days of not hearing anything, property is considered abandoned. I would like to send her letters and give her another 30 days to finally remove the property before I donate it to the local Rescue Mission. Please advise as to whether I can legally do this w/o receiving a civil suit from her and being liable even though this has been going on for a period of time now. I appreciate any guidance you can provide me. I've searched VA law, but everything that I have seen pertains to storage facilities, or unclaimed property from universities, banks, and other sorts of businesses.
1 Answer from Attorneys
So, send her a letter, giving her 30 days to come and get the stuff or you will
dispose of it as you see fit.
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