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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Non-Marital Property After Divorce

    My question involves divorce in the State of: California and Illinois

    My wife and I separated, and she moved out of state. The divorce happened in Illinois, but she left many items of property in my apartment in California.

    Petition divided non-marital property along the lines of "whoever had it before the marriage". Judgment was weirder, as it states that each of us is awarded "all property in their own names and in their own possession and control."

    It has been over 6 months since my ex has even acknowledged any communication from me. I have sent her a certified letter asking her to remove her items (list was included) within 30 days of receipt of the letter. I'm wondering how long I have to wait before I can consider the property abandoned and no longer be obligated to hold it, and what I must do to cover myself after that.

    I'm not contesting the judgment, I'm not trying to claim her stuff is mine. It seems to me that this is a simple case of abandoned property, but I'd like some references to statute to back that up.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Non-Marital Property After Divorce

    That's not something we can answer for you without reviewing the judgment and knowing the greater context. How much stuff are we talking about? With what value? Did you ever discuss these items with your ex-, why she left them at the home or when she might collect them? If by "my apartment" you mean the former marital home, does the judgment specify when she is to remove any items that are hers, and when did she vacate relative to entry of the judgment?

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