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My daughter moved in with her boyfriend 1.5 years ago. They

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My daughter moved in with her boyfriend 1.5 years ago. They have talked of marriage and the boyfriend recently bought a new home just in his name that they both reside in. My question is things are now not looking good for them staying together. So upon the purchase of the new home she purchased new appliances, kitchen table. However the purchase was actually in my daughters name only and she has been making the payments. If she decides to leave the home it will have to most likely secretly and she wants to know if she can take the appliances with her without legal ramifications?? Also they purchased leather sectional sofa together and he owes her almost $700 dollars for money to close on the house and he broke a new tv she bought prior to moving in with him. She doesn't want the police called for theft and wants to do what is fair. The guy isn't always very honest so she doesn't feel good about leaving the appliances at the house and letting him pay her. How can she legally exit this relationship with all her belongings. What is considered hers??
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.

Your daughter can take any property that she purchased on her own with her own money. But, any property that they bought together should not be removed - - instead, she would have to either reach an agreement with her boyfriend to either buy her out/or she could buy him out of any jointly owned property OR sue to legally divide or sell the property and split the proceeds.

It would be best if they could reach an agreement on dividing any joint property, but if she can't, there is relief in court. But, there should be no issue with her taking her own personal property.
Customer: replied 1 year ago.


so to clarify on the jointly purchased items even though he owed money for house closing and a broken new tv she would need to work that out in court if they cant reach an agreement. And she can take all the appliances purchased in her name that she has been paying for. I just want to add that these were definitely poor choices to comingle assets and invest in his home in any way. I know she was optimistic of a future wedding but things change. better now than later. That could have been much more of a financial loss. Thank you


 

Expert:  Roger replied 1 year ago.
That's right - even though he may owe her money for the house closing and tv damage, unless there's a written agreement that says he agrees to repay this debt, she's not legally entitled to take other property to satisfy this debt because there's no documentation to prove he agreed to pay her back.

Thus, she's better off to only take the things that belong to her and try to divide joint property.
Roger, Attorney
Category: Family Law
Satisfied Customers: 27241
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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