How long should I keep my ex-husband's property?

Full question:

my ex husband still has property in my home. his lawyer has not responded to mine's requests for retrieving these items. how long must i keep these things in my possession?

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

Answer:

When someone doesn't pick up their property from you, it's common to send a notice. This notice should state that after a certain period, the items will be considered abandoned and may be sold or disposed of. Keep a copy of this notice for your records.

Local laws regarding abandoned property can vary, so it's wise to contact your local police department for guidance.

When you hold someone else's property, a legal relationship called a bailment is created. There are different types of bailments:

Bailments for hire: The holder is paid for holding the property.
Constructive bailment: The circumstances create an obligation to protect the goods.
Gratuitous bailment: No payment is involved, but the holder still has responsibilities.

In a gratuitous bailment, the holder (bailee) has a lower standard of care. If you are holding the property without compensation, it’s important to clarify that in any agreement or receipt.

If you fail to take proper care of the property, you may be liable for damages. For example, if a new item is returned used, you might owe the difference in value between the new and used item. Courts often use local rates for similar products to determine value.

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

Can the police help me get my stuff back from my ex?

The police can assist in certain situations, particularly if you believe your property is being wrongfully withheld. However, they typically do not intervene in civil disputes over personal property. It's best to document your requests and consider sending a formal notice to your ex, stating that the items will be considered abandoned if not retrieved within a specified time. If necessary, you may need to pursue legal action to recover your belongings.

What do I do if my ex won't give me my stuff back?

If your ex won't return your belongings, start by communicating clearly and documenting your requests. You may send a formal notice indicating a deadline for retrieval. If they still do not respond, consider seeking legal advice or filing a claim in small claims court to recover your property. Keep in mind that local laws regarding abandoned property may apply.

How can I legally get my belongings back from my ex?

To legally retrieve your belongings, first, try to communicate directly with your ex. If that fails, send a written notice requesting the return of your items by a specific date. If they still do not comply, you may need to consider legal action, such as filing a claim in small claims court. Document all communications and attempts to retrieve your property, as this may be important in court.

How to get something back from an ex that won't give it back?

If your ex refuses to return your property, begin by sending a formal notice requesting the items back. Specify a deadline for retrieval, after which you may consider the items abandoned. If your ex still does not respond, you may need to seek legal advice or file a claim in small claims court to recover your belongings. Always keep records of your communications.

How long does my ex have to get his stuff out of my house?

There is no universal timeframe for how long your ex has to retrieve their belongings, as it can depend on local laws and the specific circumstances of your situation. Generally, sending a formal notice that states a deadline for retrieval is advisable. If they do not comply, you may consider the items abandoned and take appropriate action, including legal steps if necessary.

What do you do if someone won't let you get your stuff back?

If someone is preventing you from retrieving your belongings, first try to communicate directly and request the items. If that does not work, send a formal notice stating a deadline for retrieval. If they still refuse, you may need to seek legal advice or consider taking the matter to small claims court. Document all your attempts to recover your property for potential legal proceedings.