My boyfriend is trying to get his wife's belongings out of his basement. He's asked her to remove her property, since they've been legally separated and she hasn't lived there for at least two years. Occasionally she will come over and take a few things, but the basement is still ridiculously packed.. He will be filing for divorce soon, would he have to wait for that to go through the courts, or can we physically have her possessions moved from the house ourselves?
I am sorry that you and your boyfriend are going through this and since he is about to file for a divorce his safest course of action is to file and to have the court order the removal of the personal property that way he is legally protected. Take care and hope that things work out.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
You can try to work out an arrangement for her to remove her belongings. If she does not remove them do not throw them out. If necessary that can be handled as part of the divorce. Good luck to you.
The best course is to work this out in the Divorce.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
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