Q: My divorce papers say my ex and I have to split the property that is in the house. Our divorce was final in July 1, 2019
He hasn't live in the home since end of December of 2019. I told him he needs to get his stuff out of the garage and he is wanting to get half of the property in the house. I believe that it's been abandoned and that I am being nice letting him get stuff from the garage. I told him he could take me to court and he keeps going back to the divorce paperwork saying he gets half. I told him that the court papers said nothing about keeping his things until he was ready to take them and I consider it abandoned. What is my recourse? Can I keep what he abandoned? I don't have the money to go through the court process.
A: Please discuss with an attorney. The answer depends on the details in your MSA. An attorney must review your agreement in order to properly advise you of your rights and obligations. In general, as soon as practicable after the effective date of this agreement, the parties will meet for the purpose of dividing their household furniture, furnishings, equipment, and personal effects. The parties will alternately select items until all the items have been chosen. A coin toss will determine which party selects first. If one party ceases making selections, the other may continue to do so. Each party will be awarded those items selected by him or her, and each party hereby confirms such division and transfers to the other party as his or her separate property all the items selected by the other party. Any items not selected either will be sold, with the net proceeds divided equally between the parties, or disposed of as otherwise agreed by the parties.
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