How Do I Get My Ex-Husband’s Belongings Off My Property?

by | Jul 5, 2019 | Ask the Lawyer | 0 comments

Question asked on Sept 6th, 2018

Q: My Ex and I separated 3 months ago, his things are locked in his trailer in my driveway. He said he would be back in a few months to get it but its been 3 months and he has no future plans to pick it up. How do I legally make him pick it up, or get it moved myself?

A: This is a very common scenario.  If your existing court orders (if any) say anything about that property, you should follow that order.  If not, the usual method of dealing with this recommended by lawyers is to provide written notice of a given time within which he must contact you to arrange a specific time for pick up (say, within the next ten or 14 days) and that if it is not picked up it will be put into storage.  Then, if not picked up, pay one month’s rent on a storage unit, have it all put there, give instructions to allow your ex access if he shows, and give written notice to the ex of where it is, how long the rental is paid for, and that if he does not pick it up it will be given away or destroyed by the storage unit.  Then it is no longer your problem.

Frequently Asked Questions

How do I get my ex's belongings out of my house or off my property?
First, check whether any existing court order addresses the property; if it does, follow that order. If there is no order, the method Nevada family lawyers usually recommend is to give your ex written notice with a deadline to contact you and arrange a specific pick-up time, and to state that anything not collected by then will be moved into storage. Keep a copy of the notice. Once the deadline passes, you can move the items into a storage unit and shift the responsibility to your ex.
Is it illegal to keep or throw away my ex's belongings after a separation?
Simply throwing out or keeping an ex’s property is not the recommended approach, because it invites a dispute over what the items were worth and whether you had any right to dispose of them. The safer path is a paper trail: written notice, a reasonable deadline, and then paid storage with your ex given access and told in writing where the items are, how long storage is paid for, and that the facility will dispose of them if unclaimed. After that, the property is no longer your problem.
How much notice should I give my ex to pick up his things?
The written notice should give a definite window, commonly about ten to fourteen days, within which your ex must contact you to schedule a pick-up. There is no statute setting the exact number of days in this situation, so the point is to be reasonable and to document that the opportunity was given. If the items are not collected, pay for one month of a storage unit, have everything put there, and send a second written notice with the location and the paid-through date.
What if my ex's things are in a locked trailer in my driveway?
The same notice-and-storage process applies to a trailer or any other locked container left on your property after a separation. Give written notice with a deadline, then arrange to have the trailer and its contents moved to a storage facility, instruct the facility to allow your ex access, and notify your ex in writing of where it is and when the paid storage ends. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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