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  • Household Contents

    So it's my understanding, that if someone has bought a posession in the house, it is owned by them. If both parties are living in the house, what can be done to stop the other from removing all the contents that was not bought from them? Do I need receipts with my name on it, do I take pictures or videotape my contents? If I witness her moving my purchased possessions, do I phone the police? What are my rights?
    So, what if I come home and everything is gone, what steps do I take? If I take her to small claims court, what proof do I need to win? Can can the police go and reclaim my property?
    I heard that, the first person who removes the property usually wins since it is so hard in court to prove your case.
    Please Help!!!

  • #2
    receipts with your name on them is a good place to start. Credit card receipts (but only if the card is only in your name) are another good thing. When me and the ex split up he called the police before he came over. They said he could get his clothes and that was it unless I allowed him to take more. I let him take all his stuff but then he wanted to take the fridge that I paid half for and was using. The police told him that because I had not disputed anything else the fridge stays and he coud take me to court to get half the value ($50) if he wanted. He never did because even he wasn't that petty.

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    • #3
      If this is a CL relationship, the onus would be to show ownership, via bank statements showing purchase, (if only one name is on the bank account), actual receipts, credit card statement etc.

      If the couple are legally married the assumptive rule is that everything is owned and until a court clearly says who owns what, both are basically entitled to the content equally.

      My personal experience and I've stated this in past posts, that when I left my ex we did not have a formal separation agreement on anything. So one day the ex managed to get in my place and take whatever he wanted. I called the police and they told me void an agreement, then the ex basically took his own belongings. I was shocked, the only thing I was legally permitted was to charge him with breaking and entering.

      Off the record the police said that if I went to his home, and took the things back, he too could not charge me with theft, but only the B & E.
      A twisted system for sure!
      I agree with Standing-on-the-sidelines, that if there is a dispute then a court order would be required for one person to take anything if both are present and a police officer is officiating.

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      • #4
        Just so I'm clear on this, 'cause I'm wondering the same thing..
        By Ontario Law, when a CL relationship terminates, the possesions (I already know about the equity) belong to the person that bought them, there is no sharing of value?

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        • #5
          In a common law union, then yes, any personal possessions like furniture clothing etc are the ownership of the buyer upon proof of ownership if the other party contests ownership.

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