How to Dispose of an Ex-Spouse’s Items that Remain in your Possession
It is common for separating individuals to want to rid themselves of the constant reminders of their ex, and therefore, to want to dispose of the remainder of their ex’s items that the ex has left behind in the residence. However, based on Ontario family laws, it is strongly advised that you not do so.
Though the reasons behind doing so may be understandable, both for practical and emotional reasons, especially once your ex-spouse has permanently moved out of the residence, Ontario family law does not permit you to simply go ahead and get rid of their property. Ontario family law governs specific parameters under which you may go about this process.
If you fail to abide by these Ontario family laws, you may be held accountable for returning these items to your ex-spouse. It is possible that you may be responsible for replacing them in the event that you cannot produce them.
According to Ontario family law, you ought to provide your ex-spouse with significant notice to retrieve their items so that they may make the proper arrangements to do so before you go ahead and get rid of them. Your ex-spouse ought to be granted a fair opportunity to retrieve the items before you are considered to be within your right to dispose of them.
Therefore, it is strongly advised that you provide your ex-spouse with a notice, in writing, of when you are planning on getting rid of the items if he or she does not retrieve them. It is imperative that this notice provides him or her with a reasonable amount of time to retrieve the outlined items before you proceed to get rid of the items on your own.
If you have given your ex-spouse a written notice with an outlined date, and he or she has yet to come retrieve the items by the designated date, then you may be permitted to dispose of the items accordingly.
It is further advised that you retain a copy of the written notice that was sent to your ex-spouse, along with any receipts substantiating the method by which you got rid of the items. For example, if you donate the clothing, the date upon which you donated the clothing can be provided by the charity via a receipt. This only further proves that the clothing was in your possession up until the designated date written on the notice.
Contact Krol & Krol at 905.707.3370 for more information on how you should go about disposing of an ex-spouse’s items that remain in your possession.
