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P. Simmons
P. Simmons, Lawyer
Category: Family Law
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Experience:  16 yrs. of experience including family law.
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My girlfriend and I are breaking up after living together for

Resolved Question:

My girlfriend and I are breaking up after living together for almost 3 years. When we moved into our current condo, which she owns, she disposed of her furniture and we installed mine. I intend to take my furniture with me when I move out. Can she restrict me in any way from doing so?

Thank you.
Mike
Submitted: 4 years ago.
Category: Family Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist.

So long as you did not have some sort of deal with her that when you moved in she would get a property interest in your furniture...really it will depend on what you two agreed to when you sold hers and moved in yours.

For example, if you sold hers and split the money, that could give her an argument that you intended to give her yours or part of yours.

But, absent an agreement to the contrary, you do not loose the right to your property just by having it in her home.




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Customer: replied 4 years ago.
Thanks for the quick reply. This is a cool service.

My follow-up question: In 2007 she sold a large house in Vegas. We were moving to an ultramodern condo on the Strip. She was adamant about not parting with her antique furniture, but Victoriana wasn't a fit for the condo, so we did something truly stupid: At my expense, we shipped her stuff to my house in Arlington, VA and shipped my contemporary furniture to the LV condo, where it remains. Much of her Victoriana wouldn't fit in my townhouse, so we paid to store it for a year. Finally, she agreed to sell it at auction. The modest proceeds went into her account. We closed up the VA house in Oct 2008 and have been living solely in LV since. We have shared (in a disorganized way) household expenses in LV.

Does this change the picture at all?
Expert:  P. Simmons replied 4 years ago.
The key here is you say

The modest proceeds went into her account

Were I you, that would be my defense.

Now, can she sue you? What is the furniture worth? Seems you found that out with the auction.

If her property was sold and she was reimbursed, I think you have a strong argument that she got what she had coming to her.

She can sue...but to win, she needs to prove you had an agreement that she would have an ownership right to the furniture. That will be tough I suspect. Stiill, if you can negotiate a settlement with her to prevent a suit...that is almost always a good idea


Customer: replied 4 years ago.
I'm not concerned about the value of the furniture or a lawsuit, but about potential interference on moving day, which should be later this week. Am I on solid ground that she has no claims on my furniture?

My intent is to hire an off-duty cop to be present on moving day to prevent such interference and to make sure there's no bogus, but opportunistic, domestic-violence claim.
Expert:  P. Simmons replied 4 years ago.
Yes, you are on solid groud to claim its yours...heck, it is yours.


P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 27019
Experience: 16 yrs. of experience including family law.
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P. Simmons
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Family Lawyer
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16 yrs. of experience including family law.