EX-WIFE

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Latest post 12-12-2012 7:31 AM by Drew. 10 replies.
  • 12-10-2012 6:40 PM

    EX-WIFE

    Ok so i currently live in Texas. My Ex-wife lives in Alaska. She had decided to move out back in April of 2010 and move up to Alaska. I went south to visit my parents and got a phone call from a roomate saying that she had rented a uhaul and was moving out. Well she left about 4-5 boxes behind and i have kept them nice and warm for about two years. I am currently married again and my new wife now wants my Ex- wifes things gone one way or another which i dont blame her one bit. So i contacted her via facebook and cell phone in August 2010 and told her she needs to figure out how to get it and she said she would be down with her current husband to recieve it by December 30, 2012. I called her up on the 12/08/12 to remind her it needs to be out  and now she is saying she can get it in April. I told her thats not soon enough and we had an agreement for the the end of December of 2012 or ill get rid of it myself. She tried to say that whatever i got rid of that i would have to pay her lol which if she thinks about it it was 2 years of storage fees since i had it taking up space. My question is can this come back to haunt me later on if i got rid of it according to Texas Laws.

  • 12-10-2012 6:49 PM In reply to

    Re: EX-WIFE

    There was actually no need to re-post or want to move (typical scenario isn't that folks will go just to a particular board, but to the place where they see all recent posts no matter what board).  :)

    It's also actually not really a divorce question (given you evidently didn't address the topic in the divorce).

  • 12-10-2012 7:01 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
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    Re: EX-WIFE

    I would look over your divorce decree, particularly the part related to your marital property settlement.

    Quite often there is "catch all" language that unspecified property that is in the possession of each party becomes the property of that party. Ergo, if you left your valuable coin collection with your ex and your decree did not specifically address ownership of the coin collection, then it becomes hers. Conversely, if she left five boxes with you and your decree does not specifically address the ownership of those five boxes, but does state that any other unspecified property in the possession of each party is presumed to belong to that party, then the five boxes are yours. 

    If you find that language within your divorce decree, then I would say that you are free to do whatever you please with those five boxes. Please note that this might be language in the bioilerplate part of the decree. (In other words, the part that most people just skim over.)

    Otherwise, I would research bailment procedures for your state. Generally, you would have to give her a notice in writing that she has a certain amount of time to get her property and if not claimed within that time, it will be presumed "abandoned".

    If she has not been that concerned about those five boxes in the past two years, I would venture to guess that there is really nothing particularly valuable in them. From what you state, she is in Alaska and you are in Texas. Is she really going to come all the way down to TX to sue you, even in small claims court, for the value of the contents of those five boxes? In Small Claims, you don't get recover travel costs, time off from work, etc. She also would need to provide proof of value (which she probably does not have). A judge should be reasonably suspicious of any "inflated" values, given that she could not bring herself down to TX to get the boxes for two years.

  • 12-10-2012 7:10 PM In reply to

    Re: EX-WIFE

    Thats what i figured, Im not going to say it would come to a divorce in my current marraige but it does bring up the question of why do i still have my ex wifes belongings. i just dont want it to cause problems and plus yeah it has been two years and she wasnt even worried about it till i called her the first time to notify her to get it out.

  • 12-10-2012 7:10 PM In reply to

    Re: EX-WIFE

    Anthony W.:
    So i contacted her via facebook and cell phone in August 2010 and told her she needs to figure out how to get it and she said she would be down with her current husband to recieve it by December 30, 2012.

    Perhaps a typo with these dates?

     

    Anthony W.:
    She tried to say that whatever i got rid of that i would have to pay her

    What does "tried to say" mean?  I would imagine that she did more than try and actual did say this.

     

    Anthony W.:
    can this come back to haunt me later on if i got rid of it according to Texas Laws.

    It can come back to haunt you no matter what you do.  Certainly, however, "if [you get] rid of it according to Texas [l]aws," you should be insulated from any legal liability.

    Just out of curiosity, however, if your ex-wife moved out in April 2010 and left these 4-5 boxes and you got divorced sometime after that, does the property division portion of your divorce judgment expressly mention these boxes?  If not, does your divorce judgment contain a provision along the following lines:  "other than any property expressly mentioned herein, any community property in Husband's possession is hereby conferred to husband, and any community property in Wife's possession is hereby conferred to wife"?  This is an extremely common provision in divorce judgments, and it could well be that, depending on what's in them, these boxes are, in fact, your property to do with as you please.

  • 12-11-2012 1:13 AM In reply to

    Re: EX-WIFE

    Looked over the divorce decree again and nothing in there about what's in those 4 boxes. Only the car that she owned at the time. 

  • 12-11-2012 1:17 PM In reply to

    Re: EX-WIFE

    Ok, that answers one of the questions I asked.

    Does your divorce judgment contain a provision along the following lines: "other than any property expressly mentioned herein, any community property in Husband's possession is hereby conferred to husband, and any community property in Wife's possession is hereby conferred to wife"?

  • 12-11-2012 3:00 PM In reply to

    Re: EX-WIFE

    it says it is ordered and decreed that the husband is awarded the following as his sole and seperate property, and the wife is divested of all right, title, interest, and claim in and to that property:

    H-1. all sums, wether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to or as a result of husband service in the United States Air Force, including any accrued unpaid bonuses, disability plan or benefits, thrift savins plan, or other benefits existing by reason of or as a result of husbands past, present, or future employment.

    H-2 the 2004 nissan sentra motor vehicle, together with all prepaid insurance, keys, and title documents

    H-3 the 2003 toyota tacoma motor vehicle, together with all prepaid insurance, keys and title documents.

    H-4 the jet ski with the trailer, together with all prepaid insurance, keys and title documents

    Prperty of wife

    It is ordered and decreed that the wife is awarded the following as her sole and seperate property, and the husband is divested of all right, title interest, and claim in and to that property.

    W-1the 2009 toyota celica motor vehicle, together with all prepaid insurance, keys, and title documents.

     

    this is all i have as far as property goes

  • 12-11-2012 5:09 PM In reply to

    Re: EX-WIFE

    If there is no "catch-all" provision like the example I gave, then you'll have to follow Texas law, which likely requires a 30 or 60 day written notice, which you may have already done.

    Just out of curiosity, who prepared your divorce judgment?  You?  Your wife?  A lawyer?  If it wasn't a lawyer, how did you or whoever prepared it decide what to put in it?

  • 12-11-2012 5:24 PM In reply to

    Re: EX-WIFE

    a lawyer prepared it for me.

  • 12-12-2012 7:31 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,489

    Re: EX-WIFE

    Why the dance --have her send you money and you have it boxed up and shipped commercially to her --cheaper than lawyers to debate it or remind her in writing of the Dec 30 required pick up date  and after that date its gone..

    Sure she could sue you but that would essentially require her presence in your state for trial etc.



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