Storage Unit Dispute - How to handle?

[ConcernedMomCO]

My son and his ex (non-married) have a storage unit that holds both of their personal belongings. Since they are no longer together, and the relationship had become violent and abusive, my son would like to get his stuff out of the unit. The storage company is saying that he cannot do so as his name is not on the contract, even though they freely admit that they know his stuff is in there and that I paid for the insurance and am the local contact person for any issues that may arise (my son and his ex are both abroad - hence the storage unit in the first place). Does anyone know what we should do next? The storage company suggested that we possibly get a court order (but that every item would have to be itemized on it - and since it has been several years, we have no idea exactly what is in there at this point - we also added to it over time...and there are boxes that hold both people's items, so they would have to be gone through one at a time - something that the storage company will not allow).

My son is very concerned that his ex will move everything to a new location out of anger. Is there any way to stop this from happening and to get his stuff out? Any help is greatly appreciated!

 

[ElleMD]

Sorry but it was unwise for him to place things in storage to which he did not have access or authorization. Paying the insurance means nothing as far as your right to those items. Your son is the only one with any potential claim and it would be against his ex for return of his property.

 

[ConcernedMomCO]

Thanks ElleMD for your reply. No one expects a breakup. They placed all their stuff in storage together because they had been living together for over a year and were moving abroad together - this had been a long term relationship until very recently. From what I have seen online, it is common for storage contracts to only be in one person's name (and that this is suggested by the storage companies). Obviously this is problematic. What kind of "claim" could my son file against his ex in order to get his personal belongings returned?

 

[ElleMD]

Depending on the value it might be small claims or if high dollar value items, sue her in civil court to either get the items back or for the value of the items. If she keeps the items refuses to return them, he could report it as a theft. That won't ensure the return of the items though.

As a rule, it is best not to comingle assets like that as a breakup or even death can occur. At least if married and the spouse dies or divorces, the law protects to large extent the assets owned and a divorce settlement would address property.

 

[mightymoose]

If you had access to add to it over time, why do you not have access now to remove items?
If you have keys to the unit and your son's permission, then go get his stuff. Any property dispute that arises would be settled later in civil court if necessary.

 

[ConcernedMomCO]

mightymoose, it is not in a storage locker, per se. It is in a warehouse of a moving company - they allow storage as well. I called them and asked if I could come move my son's stuff to a different area and how much that might cost which is when I was told that I was not allowed to remove anything at all without the ex's permission since his name is the only one on the contract. I went over all the details I have spoke to here, and they won't give. I fear that they are worried about a law suit against them. If I could just walk in and get his stuff out, believe me I would. But it's not that kind of place - you have to be escorted and watched as you add or remove stuff. I spoke to an attorney today who also thought it was odd that I could add to it, but not take from it...but that is where we are at in this moment. Frustrating!