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Mom Want's to Burn My Dad's Clothes

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  • 08-31-2013, 06:10 PM
    kenn
    Mom Want's to Burn My Dad's Clothes
    My question involves a marriage in the state of: Mississippi

    I hope this is posted in the right place.

    So my dad left my mom on August 2. Just grabbed his paycheck and took off; we didn't hear from him for almost a month. A few days ago, we found out he moved to another city 300 miles away and wants nothing to do with us anymore. So, my mom is preparing to file for divorce.

    However, today, she found out that he has been sleeping with her best friend. She became furious and threw all of his clothes and possessions in bags and put them outside to burn them. I stopped her because I don't want her to get in trouble for destruction of property, but she is hell bent on getting rid of everything.

    Can she legally burn/throw away/destroy his clothing and possessions? Is there a time limit for him to come pick his things up before they're considered 'abandoned'?
  • 08-31-2013, 06:16 PM
    Lehk
    Re: Mom Want's to Burn My Dad's Clothes
    Burning his stuff certainly won't help in the divorce.
  • 08-31-2013, 06:20 PM
    Dogmatique
    Re: Mom Want's to Burn My Dad's Clothes
    She can send him a letter, certified, and inform him that if his belongings are not picked up within X amount of time (she may need to follow State law on that one) they will be considered abandoned.

    Of course she's also welcome to gather everything up and drop them at his new front door.
  • 08-31-2013, 06:21 PM
    Disagreeable
    Re: Mom Want's to Burn My Dad's Clothes
    It is apparently still his home also unless there was some magic reason it only belongs to her. His possessions have just as much right there as hers. If she burns them all, the judge can take it out of her part of the settlement. $5k or $10k should replace them.
  • 08-31-2013, 06:25 PM
    kenn
    Re: Mom Want's to Burn My Dad's Clothes
    She's not too concerned about hurting the divorce. They have almost no assets to speak of except for two vehicles titled in their own names. She just wants nothing to do with him ever again.

    - - - Updated - - -

    Where we are living now is not his home. We moved two days after he disappeared. (the move was already planned weeks in advance) We rent and his name is not on the lease since he never showed up to sign it.
  • 08-31-2013, 06:29 PM
    jk
    Re: Mom Want's to Burn My Dad's Clothes
    if a prosecutor really wants to get into the middle of this, her actions could result in criminal charges. It is extremely unlikely to happen but it could. Intentionally destroying the property of another is a criminal act.

    as another was saying; if that is still legally his home (and not even getting into the marital home issue but either by shared ownership or share leasehold), he can leave his property there until a court says otherwise. He simply cannot abandon property in his own home.

    - - - Updated - - -

    Quote:

    Quoting kenn
    View Post

    Where we are living now is not his home. We moved two days after he disappeared. (the move was already planned weeks in advance) We rent and his name is not on the lease since he never showed up to sign it.

    then where is his property? Hopefully she wasn't foolish enough to bring it along.
  • 08-31-2013, 06:30 PM
    Dogmatique
    Re: Mom Want's to Burn My Dad's Clothes
    Quote:

    Quoting kenn
    View Post
    She's not too concerned about hurting the divorce. They have almost no assets to speak of except for two vehicles titled in their own names. She just wants nothing to do with him ever again.

    - - - Updated - - -

    Where we are living now is not his home. We moved two days after he disappeared. (the move was already planned weeks in advance) We rent and his name is not on the lease since he never showed up to sign it.



    Then the best thing she can do - in my opinion - is keep her dignity and her head held high and drop off his stuff at his new place.
  • 08-31-2013, 06:31 PM
    kenn
    Re: Mom Want's to Burn My Dad's Clothes
    Quote:

    Quoting jk
    View Post

    then where is his property? Hopefully she wasn't foolish enough to bring it along.

    We brought it along because we didn't know what was going on. He just disappeared! No note, no phone calls, nothing. Even had a missing persons report out for him.
  • 08-31-2013, 06:32 PM
    Disagreeable
    Re: Mom Want's to Burn My Dad's Clothes
    Then you and mom have assumed legal responsibility for it.

    Quote:

    Quoting kenn
    View Post
    We brought it along because we didn't know what was going on. He just disappeared! No note, no phone calls, nothing. Even had a missing persons report out for him.

  • 08-31-2013, 06:36 PM
    kenn
    Re: Mom Want's to Burn My Dad's Clothes
    Quote:

    Quoting Dogmatique
    View Post
    Then the best thing she can do - in my opinion - is keep her dignity and her head held high and drop off his stuff at his new place.

    That costs too much money he moved 300 miles away. Since he left, I am the sole provider for my mom and the rest of our family. I make $9/hr and have to feed four mouths and put a roof over our heads. I can't afford the gas to drive there or shipping charges.

    - - - Updated - - -

    I'm not saying she should do it, but I just don't want her in any trouble if she does.
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