This is not your typical question but I need help.
I bought a house “as is” from my ex girlfriends mother. My ex lived there before closing with her mother and after closing with me. Her mother left all the furniture in the house. I was under the impression that it becomes mine at closing and not my ex’s. My ex left 3 months ago and is moving in with a new guy and wants to come and pick and choose the furniture she wants. I have been civil because we have a son but she is crazy and I am not going into detail about it.
She left me with a few k in bills that she was supposed to pay on the day she left. I didn’t know she was leaving or anything was wrong.
Anyway, contract said “as is” and the furniture was in there at closing. That and she left on May 31. I live in NJ, Can I keep the furniture?
When I buy a house that has stuff in it I write in the purchase agreement whether it stays with the house or not, such as appliances, etc. If you bought the house and all that stuff is still in it after you have possession I believe it is yours unless you agreed on something else. That’s my two cents but I am no attorney. Anybody else?
you have a mess. the problem is who ends up “claiming” they owns the furniture.
the ex is/was a tenant and if she claims the furniture as hers then it did not transfer with the sale of the house.
this is where NJ law comes in as this furniture could be considered to be abandon property, but the owner may have a right to redeem it if they pay “storage fees” or other unpaid charges (rent, utilities).
I would search on the NJ state website in the Dept. of Consumer Affair (or something similar). I bet they have a landlord-teannt guide than can be useful.
I would try to get what money you can and then cut it loose. BTW, I would tell her its all or none (or else there will be disposal fees as well…unless you thing some of her stuff is worth keeping).
If there is a listing on the MLS read it and see what it says stays. Also sometimes items can be listed on the sellers disclosure that make referance to the fact that they are part of the sale also.
that’s a bit of dangerous assumption to make; particular if the items have value. Some/many states have a specific procedure to deal with “abandon property”. check with someone familar with your state lawsregarding real estate transactions
I am not an attorney, and an attorney would be the best person to ask about this.
California Civil Code gives residents the right to reclaim abandoned personal property. A landlord is required to contact the resident and ask him/her to return for the items. Written notice via certified mail would be the safest legal course. The property left on the premises must either be left on the vacated premisis or stored by the owner in a safe place until it is released or disposed of. If the owner reasonably believes that the total resale value of the property is less than $300, the owner may retain the property for his own use or disposition. If it's greater than $300, they cannot keep it for their own use. The owner must release personal property if the resident requests, in writing, return of the personal property within 18 days of vacating the premises. The resident must include a description of the property and specify a mailing address. The owner may charge the resident for costs of moving and storage of the property. The resident must agree to remove the property at a mutually agreed upon time, but no later than 72 hours after paying for the costs of moving and storage.
The owner may sell the property at auction, but it must be public, the date and time of the auction must be published in a newspaper of general circulation, and provided to the resident. No later than 30 days after the sale, the owner must give the proceeds of the sale (minus the cost of advertisement and sale) to the treasury of the State.
THE OWNER CANNOT KEEP FOR HIS/HER OWN USE OR DISPOSAL, PERSONAL PROPERTY BELONGING TO A FORMER RESIDENT WORTH MORE THAN $300.
These are landlord/tenant laws, and real estate or domestic partnership laws may change your rights and/or obligations.
aak5454 is right on the money. What a mess. I believe that you should arrange a mutually beneficial time, and allow her to take whatever personal property was hers or her mom's before you met. I would also try to get her to believe that everything is back in her hands or gone. One civil meeting, cut ties (hopefully not with your son), and get the crazy ex out of your life. I suspect that if you do not do this, you can expect more phone calls, more demands to "come and get my things" if she's really nuts, she won't let it go, and she won't leave you alone. You need to lose her number, because I will bet that she won't lose yours.