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Abandoned Property
What can I do with my ex-husband's unremoved property after divorce?

What can I do with my ex-husband's unremoved property after divorce?

Q: How long does a decree last?

A divorce decree lasts indefinitely unless it is modified or overturned by a court. The terms outlined in the decree, such as asset division or support obligations, remain in effect until they are legally changed. If you have questions about specific terms or their duration, it's advisable to consult with a legal professional.

Full question:

My divorce was finalized on 10/10/2007. In the settlement agreement my husband was given 30 days from the finalization to remove his personal property (nonworking kit-car, sailboat/trailer, misc tools, etc) from the residence we shared. If the property has not been removed at the end of the allotted time, what requirements are necessary for me to dispose of or have the property removed from my residence?

Category: Abandoned Property
Date: 04/07/2025
State: Florida

Answer:

If your ex-husband has not removed his personal property within the 30-day period specified in your divorce settlement, you may need to follow local laws regarding abandoned property. It's advisable to contact your local police department for guidance, as these laws can vary by area.

According to Florida law (Fla. Stat. § 83.62), if a landlord is granted possession of a property, they can remove any personal property found on the premises after providing 24 hours' notice. In your case, you may need to take similar steps to ensure you are legally allowed to dispose of or remove the property. This may involve notifying your ex-husband again and possibly involving local law enforcement to assist with the removal if necessary.

Remember, once the property is removed, you may not be liable for any loss or damage that occurs to it.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is a property settlement agreement the same as a divorce decree?

No, a property settlement agreement and a divorce decree are not the same. A property settlement agreement outlines how assets and debts will be divided between spouses during a divorce. In contrast, a divorce decree is the official court order that finalizes the divorce and includes the terms of the settlement. The decree may incorporate the property settlement agreement but serves as the legal document that dissolves the marriage.

Does a divorce decree expire?

No, a divorce decree does not expire. Once it is issued by the court, it remains in effect unless modified by a subsequent court order. However, certain aspects, like spousal support or child support, may have specific time frames or conditions that could change over time. Always consult with a legal professional for advice on your specific situation.

What makes a divorce decree invalid?

A divorce decree can be considered invalid if it was obtained through fraud, if one party did not have proper notice of the proceedings, or if the court lacked jurisdiction over the case. Additionally, if the decree violates public policy or legal standards, it may be challenged. It's essential to seek legal advice if you believe a decree may be invalid.

How long does a decree last?

What happens after a divorce settlement agreement?

After a divorce settlement agreement is reached, it typically becomes part of the divorce decree issued by the court. This means that the terms of the agreement are enforceable by law. Both parties are expected to comply with the terms, such as asset division and support payments. If one party fails to comply, the other may seek enforcement through the court.

Does a divorce decree transfer property?

Yes, a divorce decree can transfer property between spouses. The decree will specify how property and assets are divided, and this division is legally binding. Once the decree is finalized, ownership of the property is transferred according to the terms set forth in the decree. It's important to follow up on any necessary paperwork to ensure the transfer is properly recorded.