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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Personal Property in California

    My spouse of 22 years moved out of our home 4 weeks ago leaving a trail of debt. The most immediate problem in this regard is a storage unit for which the rent is currently 4 months in arrears. My spouse's name is on the rental agreement and I have access to the unit. 75% of the items in the unit belong to our now-defunct construction company, 5% are household items, 20% are mine and of sentimental value.

    The storage company owners have offered me 2 choices:

    1. Remove my personal property (owned pre-marriage), sell the valuable tools and sundries and pay off the back rent so my credit won't be affected.
    2. Take my things out of the unit, suffer a lien on the remaining items which will be sold at auction and possibly take a hit on my credit although my name is not on the rental agreement.

    What are my rights regarding debt and disposition of community property in such a case?

    I do have concerns about physical retribution from my spouse on top of the possibility of opening up potentially damaging legal issues during the divorce case.

    Thanks.

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Personal Property in California

    Have either of you initiated divorce proceedings with a court, including serving papers on the spouse? (Filling out papers and not yet filing them does not count.)

    If so, you are both obligated to not spend or transfer assets except for the necessities of life or the ordinary course of business.

    As for the possibility of a credit hit, that seems to be the least of your worries. Since your spouse left a trail of debt, your credit will likely take a hit from that, anyway.

    Since both choices offered you include you taking your personal items out, that sounds like a good thing to to, for starters.

    The choice of what you do next should be considered in terms of how the court would view it, especially as to how fair you are trying to be.

    I suggest serving your spouse with notice about the choices faced and saying that you will select Choice 1 (or 2) unless he responds within 30 days. (You serve notice by having a friend mail the notice first class to a known address of your spouse, then having your friend documenting and signing the document.)

    That way, it appears to the court that you are willing to cooperate with your soon-to-be-ex-spouse, even while not letting the issue drag on indefinitely.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Personal Property in California

    You should communicate with your spouse about the situation, so that there are no surprises, no accusations that you mishandled marital assets or his separate property, and no other complications arising from the manner in which you decide to proceed. Have you already filed for divorce? If so, bring a motion on the issue in the divorce court.

    At least on the surface, it sounds like it would be a good idea to recover your separate property. Presumably, given that he leased the unit, your spouse knows about the default and its imminent consequences.

    How much time do you have before they're going to repossess the storage unit and sell the contents?

  4. #4
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Personal Property in California

    Quote Quoting Mr. Knowitall
    At least on the surface, it sounds like it would be a good idea to recover your separate property.
    It is a good idea, even thinking it through.

    It would also be good to make a careful inventory of the removed items, such as with a camera, and keeping the removed items in case there is any dispute as to whether they are your separate property.

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