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  1. #1
    Join Date
    Feb 2005
    Location
    Austin, Texas
    Posts
    56

    Default Ex-wifes court ordered property?

    Ok I have a question I need help with please. If there is an actual lawyer that can get me exact legal advise I guess that would be best.

    Ok I went to court on 08/26/2004 to finalize my divorce. The judge ordered my ex-wife to pick up her court ordered property (the items she requested in the divorce) on 08/31/2004. She never showed and called to say she should be there 9/01/2004. She never showed then she called and said she would come 9/08/2004. She never showed then she called and said she would come 9/15/2004. She never showed then she called and said she would come 9/22/2004. And now she hasnt called sense. Its been 5 and half months. I and going to be selling my house soon and I dont know what to do with this junk. PLEASE HELP

    Dave


    PS the final orders doesnt say the exact day to pick up the items but I am sure its in the transcript of the court proceedings if I need it.




    ~~~~ EDIT SORRY WAS 2004! ~~~~

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Ex-Wife's Property

    If it was 2003, it has been more than 1-1/2 months. Did you mean 2004?

    You may wish to start by informing your ex- that you are going to be moving, and that there is a limited time to pick up the items before you move. If you are using professional movers, get a bid from them on how much it would cost to deliver your wife's items to her, and tell her how much they would charge her.

    If she does not reply, I would suggest petitioning the court to set a deadline by which she can collect the items, and to authorize a specific course of conduct (such as placement of the items in storage, with your wife to pay the storage fees, or even disposal of the items) in the event that she does not meet the deadline. I would be reluctant to move the items myself, out of concern for claims of damage (real or false), would be reluctant to move them into storage without a court order that the ex- pay the storage fee, and would be very reluctant to abandon the property without court approval out of concern that the court will order the value of the items paid to the ex- if the items were lost. (Also, the buyer presumably won't want the items left in the house.)

  3. #3
    Join Date
    Feb 2005
    Location
    Austin, Texas
    Posts
    56

    Default

    Thanks I didnt mention and really didnt want to mention she is a drug addict and I am not sure her address if she even has one. I have a perm. restraining order against her and really dont want to take any steps to locate her.


    Any more advise givent the new info?

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Missing Ex-Wife

    In that case, I would go straight to the court and seek permission to dispose of the property (or other appropriate relief). The court can address the issues of service, whether by allowing service on her last known address, requiring some form of public notice, or some other means the court deems reasonable.

  5. #5
    Join Date
    Feb 2005
    Location
    Austin, Texas
    Posts
    56

    Default

    Thanks friend I will look into this ASAP

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