Full question:
My husband and I just recently divorced and he was left to live at our residence for 1 month after I moved out. When he moved out, he took the entire house full of items even though we hadn't split everything yet. Just recently, we had come to an agreeable division of the belongings and I have to pick them up from his residence (I have a restraining order against him). What happens if these belongings are broken in some way or non functioning, since they have been in his possession now for 4 months. What should I do that day or thereafter?
- Category: Personal Property
- Subcategory: Bailments
- Date:
- State: Massachusetts
Answer:
When someone holds property for another without compensation, a bailment is created. In this case, your ex-husband is the bailee. Since he wasn't paid, this is a gratuitous bailment, which means he must take reasonable care of your belongings.
However, the standard of care is lower for gratuitous bailments. He is only liable for gross negligence, which means he must have acted very carelessly for you to claim damages. If your belongings are damaged, you may have grounds for a civil claim to seek compensation for repairs or replacement at fair market value.
To support your claim, gather evidence like photographs showing the condition of your items before and after they were in his possession. If you believe the damage was intentional or due to negligence, this may also affect your case. Additionally, check if you can file an insurance claim for any damaged property.
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.