New York, NY asked in Divorce and Family Law for Ohio

Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country. Typically, you should attempt to notify your ex-husband, ideally in writing, giving him a final opportunity to retrieve his possessions.

If he fails to respond or collect his belongings after this notice, you may have legal grounds to dispose of them, but this depends on local regulations. Some areas may require you to store the items for a specific period or take additional steps before disposal. Ensure you keep records of all communications and actions you take regarding his property.

Before taking any final steps, you might want to consult with an attorney or review your local laws to ensure you're compliant and to protect yourself from potential legal issues. This approach helps safeguard your interests and provides a clear record of your actions should there be any disputes in the future.

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