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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 09-20-2010, 11:07 PM
bb282121 bb282121 is offline
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Question need advice, my property still in his house...

Good day all, I'm looking for information if reguards to my present situation. Here is the lowdown and questions to follow:

My boyfriend and I split after 4.5 years of co-habitation. Me and my daughter left his house after a heated event. He owns the house (to his name) and i now live in a small appartement. when we started to co-habit, i brought with me my personal clothing, my daughter's clothing ect. I also brought TVs, furniture, appliances (washer and dryer) ect. and durring our co-habitation i aslo bought some stuff on my credit card(that I paid) and also we had a joint account where we purchased lots of stuff.

Since i left, he has changed the locks, and has completely refused any communications. Will not return my calls and does not reply to e-mail... I even offered a seperation agreement, to wich I received no reply. The problem is that when i left i took only a few bags with my and my daughter's clothing. He has since given me back a few more clothes and a few boxes of my property that was in the basesment that was left in the neibour's yard for me to pick up.

So here are my questions:

1. What recourse do i have to get all of my (previously own by me) property, other then going to lawyers and paying them more then what my stuff is worth? Can i go to a judge and ask him/her to force him to give me my property back?

2. If he decides to take my property and burn it or give it to charity or something like that, What can i do? (ps this is just supposition)

3. In the matter of the purchased items that we bought from the joint account, how do you know what percentage I get from those item purchased and still in the house (ie new chairs and tables). Does it matter that my annual income was 90.000 in the last 4 years and his was 50.000. (and i have nothing other them my clothes to show for it) Although he has quite an amount of debts to his name(he ran the finances). (over 80.000) and I dont.

4. in ref to question 2. how can i prevent him from selling/giving away my items that belongs to me and also item that i want to claim in the seperation agreement that where purchased from the joint account.


I have more questions, but for now, that's all I can dish out.

Thank you once again for your kind inputs.

bb
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Old 09-21-2010, 03:00 AM
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rwm1273 rwm1273 is offline
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I would go to the local police and see if they would help you do a walk out. This is basically a police officer comes with you and your itemized list of what is your property, and ask him to provide you access tot he home to remove your property.

However not all police are willing to do this. It all depends on where you are.

Your next option would be to go to court and ask a judge to order him to provide you access to remove your items.

Your two incomes play no part in the issue, however he may make the issue more complex and argue that he paid for the items, at which point it really comes down to the judge and how he believes.
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Old 09-22-2010, 07:40 AM
bb282121 bb282121 is offline
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RWM, Thanks for your reply.

If I do ask the Police to escort me with an Itemized list, does he have to let me in, or it's still his choice?

And,

If I want to go to a Judge to ask to get an order to give me access to my stuff, do i need a lawyer to go to the judge? Or i can doit myself? If I can doit myself, can you point me in the dirrection to start this endeavour?

Thanks Again.

BB
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Old 09-22-2010, 07:49 AM
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when my ex came to get his stuff with the police they let him take whatever he wanted unless I said no to it. They told him that anything disputed stayed and that if he wanted it he would have to go to court and prove he owned it. Mind you I let him take everything of his but drew the line at the fridge we both paid for. It was the middle of summer so I needed it and he was moving into his buddys place so he did not.
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Old 09-22-2010, 10:27 AM
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Hard to prove you own anything if ALL your things are in the house - including receipts!
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Old 09-22-2010, 10:32 AM
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Point here is if the police help, then it is up to him what he lets you take. The police will not get into a cat fight, and they will try to remain neutral.
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Old 09-22-2010, 02:22 PM
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You are probably best to sue in small claims court. Provide proof that the items are yours, a judge will either a) allow you to remove the items which were yours or b) order your ex to pay for them.

The police are not very likely to be helpful without a court order itemizing what you are entitled to take.
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Old 10-05-2010, 05:19 PM
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Yes, you can self represent.
….And here is a tidbit of knowledge for you to tuck under your belt…. If you lived together for 4.5 years - you were common law married! And from what you posted, he made a higher income than you did.
If you have no children together (sounds like you don't) you are entitled to spousal support BASED ON GROSS INCOME, just the same way you would be if you were married. (the courts only base spousal support on net income if he is already paying you child support)
...seeing as your spousal support would be based on GROSS incomes, the tax difference does not make a difference.... hence....... there could very well be a valid claim put upon him….in other words, YOU HAVE LEVERAGE HERE!!!
If all you want is your clothes and what is yours, I would kindly and in a very nice way, make him aware of the fact that you are being more than fair by only wanting to take what is yours when you could go after what the law says you are entitled to, that being his income. Remind him that it’s in his best interest to be cooperative and let you get your stuff.
...maybe if he understands this, he'll be a little more willing to be accommodating.
Good luck- i know firsthand what it is like dealing with someone that is not sensible or reasonable….. when things get real tough, just keep reminding yourself daily that you are one day closer to being away from them and having this all over with
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Old 10-05-2010, 05:25 PM
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...one other thing - you should try to do what ever you can to get professional legal advice... legal aid might be an option if you are a single mom and qualify.... it would be as easy as pie to get a court order to go in and get your daughter's and your own things, and no judge would look fondly on his keeping a childs things .... he has no control over you now... don't let him think he does... do what it takes to get a lawyer... even go to the family court house and ask how to speak to legal aid.. they will direct you and from there you'll find all the answers you are looking for... .again - good luck to you and your little one.
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