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How long do I have to remove personal property from marital home after separation?

Sealevel, NC |

My husband and I separated in Jan. I had to leave the home with the children. I have removed some of the stuff belonging to the children and I over the past months. My husband and I do not talk and rarely communicate due to a custody issue with our son. He sent me a message over a week ago that I just received 3 nights ago stating that I have to remove all our stuff or he will consider it abandoned and will throw it all away on the 3rd of this month. He also stated that where he has it located in the house it is getting damaged to roof damage. I am being told by a magistrate that he legally cannot due it but its a civil matter at this time. I am unsure of what I can do legally to prevent him from throwing our stuff out since I cannot get it all out at this time nor that quick.

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Attorney answers 1


You should probably pick up your stuff before he throws it out. If he destroys your property you'll be entitled to relief from the Court. Realistically, however, you're not likely to pursue that relief because of the attorney fees and hassle involved. It's better to just get your things while he's making them available.

Sorry - I wish I had a more helpful response.



Thanks, but the problem is he really is not making them available. He is never available to get the stuff, that has been the biggest problem. But I will go after him in court and will do it on my own again if needed. He is all about control and that is what this is. He controls everything, the time, day, who can show up with what vehicles to remove anything. Thank you though for your answer.

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