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  1. #1
    Join Date
    Apr 2011
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    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.

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