I am going thru a divorce it will be final April 7, 2018, I got the decree/Judgement already in the mail from the court, spouse was served a restraining order last year on Sept 9, 2017 on there is a move out order, how long do I have to keep his belongings at my house
Here is what you need to do. First, if the judgment actually states the is awarded his personal belongings, then you need to give him notice that He needs to arrange for another person to pic up these belongings at your residence. He can't but someone else can. Suggest you send the notice via mail and keep copies or better yet if he has an attorney send it to his attorney. Once you give notice, you must keep it for 30 days. Then if he doesn't retrieve them, send a second notice and give him another time period to retrieve them. If he still doesn't do this, then send him a third notice that on a given date you will sell the items and you will keep the proceeds for him to pick up. You would have a right to deduct reasonable expenses.
Attorney Benton's answer sets forth a plan that is both reasonable and makes sense. I do not think that there are statutes which set up that exact schedule, but Family Code 721(b) requires that you not take any unfair advantage of your soon to be ex. Giving ample notice before you dispose of personal belongings you probably just don;t want to see anymore is something that you should do.
As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to form one.
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