Q: Divorce reads that each spouse keep property currently in their possession. Can I trash property spouse never came for?
Was keeping property, but decided I want it gone. Divorce papers clearly states what is in each of our possession in our own. Can I just throw property away or will I get sued? Been over a year. I think the papers mean if its in my house, which the property is, then it is considered mine and thus I can dispose of it as I choose.
A: Based on that, you should be able to throw away, but take some steps to protect yourself first, especially if spouse is vindictive. Send ex a letter with proof of delivery, like Fed Ex, not text message, and keep a copy of the letter. Include a copy of the divorce that says you each keep what is in your possession. Specify a reasonable amount of time in the letter for ex to come pick it up, like 30 days, and say it will be discarded if not picked up. Take photos of the items as proof and send those photos with the letter. The letter, proof of delivery, and photos will be part of your defense if you then throw them away, and ex sues you. Whether or not ex sues, probably depends on how much the things are worth. Or you could pack up any things of value or mementos, and take them over to your ex to reduce the likelihood of a lawsuit. If you act reasonably, a court would consider that. But no guarantees.
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