Q: Question regarding property after a divorce.
After being awarded ownership of a second home in New York, my friend got rid of some property of his ex-wife after one year. While going through the divorce both were told they were not to remove any items from the home but she came SEVERAL times without permission and took some items she wanted. He said nothing to her,but has her on video removing items from the home. Now a year after the divorce she is asking for some personal items she left behind. Some are not there, others he threw out because he figured she took what she wanted, now she said she is going to sue him, saying she was “Unable to get them”, however she never asked for them before this and she had amble time to get them when she took the other things when she wasn’t even allowed to according to court documents. Would he be held responsible?
A: Was there a specific list of items that werre deemed hers? Normally there is a deadline for a person to remove personal items from the property or they would be deemed abandoned. If that was not there, then this is a problem. He should not have disposed of any property without, at least, sending notice to his ex that if she did not pick these up, he would dispose. He could argue that she had ample opportunity and did not obtain her items so he deemed them abandoned. Talk to a lawyer.
A: Depends on what those items were and if they were listed in any agreement. He will have to argue they were abandoned due to the length of time that they were left with no request to get them.
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