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Retrieving Possessions After The Fact

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  • Retrieving Possessions After The Fact

    I am very new to this site. However I have been searching around for some answers and was unable to find them.
    Here they are:
    I moved out of the matrimonial home in February. At that time I was moving into a small rental home with no room. My ex and I agreed that I could leave items in the home until I had room. Of course as you can guess, it's not as easy to retireve them. He has locked the garage which contains all possessions including the contents of our brand new holiday trailer.
    I am hoping someone knows what my rights are to these items?
    Thanks in advance!
    Tangled

  • #2
    Tangled,

    As you mentioned,

    I moved out of the matrimonial home in February
    Are you still an owner of this home or if it was rental is your name still on the lease. If so, you could easily enter the home and property and take the possessions that you believe are rightfully yours.

    If there is any type of restraining order in effect, I do not advise same.

    If the possessions are locked in a garage, you could easily break the lock if you are still a co-owner of the property. There isn't much the other party could do other than call the police, which would almost be frivolous if you are still a co-owner.

    lv

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    • #3
      Yes I am still the owner of the home. Just this evening I stopped by the home to drop off some of the kids uniforms that they would need tonight only to receive a phone call on my cell while standing outside the home and it was my x calling from work to ask me why I was at HIS house! Then he tells me I need to make arrangements with him prior to stopping by his house as I am not welcome there. I was !!!! I still am.
      I don't have the courage to just show up and start taking my items, I just don't have the guts. He obviously has someone watching the house which also infuriates me to no end as it my home. I will do the proper thing I guess and write my list of items that I want and need. I guarantee it won't be any easier though.
      Thanks for the reply
      Tangled

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      • #4
        Tangled,

        If your an owner of the property, you have every right to attend the premises and there isn't much the other party can do. It is apparent that by doing so this will cause a confrontation and not too mention it gets a little complicated when children are involved.

        You could request the assistance of the police to be present if you require your possessions or you could seek the assistance of the court by way of an application and perhaps an emergency order to facilitate the removal of specific items.

        If the police are involved to assist you to remove your items and the other party does not co-operate, the police will be sure to document same in their report which could subsequently be used at an emergency motion. I suspect the court will want to know why the individual ignores your request to release your possessions.

        lv

        Comment

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