Family Law Questions? Ask a Family Lawyer Online.
So you and your partner have separated, and he is threatening to take you to court to acquire items purchased during your partnership?
correct. we never had a legal partnership, just together for 3 years
I understand, do you have receipts for those items?
i have records from our joint checking account that shows they were purchased from said account. He did not make any deposits into the account as his SSI check was depositied into his own checking account.
What he is attempting to do is treat this separation like a legal divorce, however, if you have evidence that you purchased the items, that you provided the financial stability and that he simply gathered governmental aid, then he will not have the evidence he needs to pursue those items, nor the funds to hire an attorney to do so.
he does not need funds as he can get free legal support as he is on disability. He has not worked and I have paid a majority of the expenses during our time together. He is threatening to bring a sheriff over to collect the property. can he do that?
In other words, his claims would have no legal merit if they were not individually purchased by him, and if they were purchased from an account that you primarily contributed to.
He can not get free legal support automatically because he is disabled.
He and his claim would have to be qualified by the legal aid program as having merit before any attorney would be assigned this case.
No he can not do that.
He is just beating his chest, and making threats that have no legal foundation.
There would be no legal standing by that legal aid program to pursue this action on his behalf, as you were never legally married, or entered into a civil union.
So i should not let him have the items and if he wants, he can then take me to court and I should be fine as long as I have the records that prove that the bulk of income and financial responsibility has fallen on me then?
I know it appears that I am simply telling you what you want to hear, but that is not the case.
If he does show up with a deputy, what should I say? The items belong to me?
I am simply stating the legal merits of a claim like he is stating.
Yes, or you could mutually agree upon a split of the property, giving him the more inexpensive items, as you paid for the more expensive ones.
I tried that and he would not listen to me stating that he was "entitled" to what was his.
Well that is a misstatement of the law and his rights in those items.
so as long as i have my checking account records and records of purchase and it shows that majority of the deposits in the account have been from my pay from my job, I should not worry?
This is true for the state of Wisconsin?
Yes, it is true anywhere.
so should I do anything other than wait? should i do anything to protect myself further other than having him leave the premises?
That is all you can do.
Unfortunately. I know you wish to file something with the court, but I would simply just wait, and most likely he will simply understand he is not getting the property and move on.
He has some mental health issues and I am sure that he will do whatever is possible to try and mess with me.
I am sorry to hear that. Do you have any other questions?
He has a key to the storage unit where we have some belongings stored. Do I have the right to put a different lock on it and request that he has a Deputy present if he is to remove any items?
I would just put a different lock on it.
I would not even let him know that you wish a deputy to be present.
Is he on the account to access the unit?
I opened the account. It is in my name
Then I would change the locks and notify the owner of the storage units of the situation, and that he is not allowed to access it.
and i am protected legally if i do that?
i feel much better about the situation. Thank you for your help and advice. to clarify, you would do nothing at this point and if he does actually get a case against me in court, I should be protected with the financial records that I have. I should also change the lock on the storage unit and notify the owner that he is not allowed acces. Is that correct?
That is correct, if you do not have any other questions please provide a positive rating.
Thanks for allowing me to help you this evening!