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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Mother of child is moving out she is not on lease but receives

Customer Question

Mother of child is moving out she is not on lease but receives mail at residence not ending nicely I work a nite shift how can I keep her from clearing out my apt. and taking everything while I'm at work or do I even have an option?
Submitted: 7 months ago.
Category: Family Law
Expert:  Samuel II replied 7 months ago.
HelloThis is Samuel. Is she moving out on her own? Or have you told her to vacate the residence?
Customer: replied 7 months ago.
Moving out on her own.
Expert:  Samuel II replied 7 months ago.
Ok. I suggest that you draft a document that states she is leaving the premises with all her personal property and you can list it, or not. However, it can be something simple like:
Customer: replied 7 months ago.
She was caught bringing another significant other into the residence while I was away at work and decided she wants to leave and threatens to take everything she I not reasonable.
Expert:  Samuel II replied 7 months ago.
I NAME hereby agree that1 I am voluntarily vacating the premises known as ADDRESS. 2 I am doing so without force or duress.3 I am taking with me all my personal property (NAMELY): LIST WHAT IT IS4 I understand that once I leave I will not be permitted back into the residence.Have it signed in front of a Notary
Expert:  Samuel II replied 7 months ago.
And once you have that and she has removed all her property I suggest you can change the locks.
Expert:  Samuel II replied 7 months ago.
You actually can change the locks without the agreement. But it will protect you to ensure she was given the opportunity to collect and take all her personal property.
Expert:  Samuel II replied 7 months ago.
She can only take what is hers. If she fights you on it, I suggest you can bring her to court to recover the value of the things she takes that are not hers.
Customer: replied 7 months ago.
She is not that reasonable she will not even talk about an agreement she would take everything while I'm gone
Expert:  Samuel II replied 7 months ago.
You can change the locks - but you need to make sure that she has taken her belongings. Otherwise, you will need to file for an ejectment and get a court order to restrain her from entering and permission to change the locks.
Customer: replied 7 months ago.
So really nothing I can do to stop her from taking it all since she receives mail at the address she is technically an occupant so I can't just lock her out till I or someone else can supervise the move
Expert:  Samuel II replied 7 months ago.
You can also tell your LL that since she is not on the lease, she is leaving voluntarily and she is not to be permitted into the apt. And that you have changed the locks.
Expert:  Samuel II replied 7 months ago.
Not without the court order or the agreement, unfortunately. But as I said if she takes your property, then sue her for the value of the property. Take photos of what is yours, etc.
Customer: replied 7 months ago.
OK she has also notified them that she intends to leave they told me that today
Expert:  Samuel II replied 7 months ago.
Is there any mutual friend who can help mediate this for you?
Customer: replied 7 months ago.
Like I said she is not reasonable also withholding the child in which I have no rights to because she is legally married still and friend of the court said she is considered a child of the marriage so she's not so nice.
Expert:  Samuel II replied 7 months ago.
You can change the locks once she vacates. Ask the LL to get in writing that she is leaving. Then they can be a witness for you.
Customer: replied 7 months ago.
OK thank you
Expert:  Samuel II replied 7 months ago.
That is all true and correct about the child. You would need to file for a paternity test and then argue for visitation.
Customer: replied 7 months ago.
Yes that seems to be my only option I have had one done a few years ago but I think I have to have one done through the court
Expert:  Samuel II replied 7 months ago.
I suggest, you try to ensure she has all her personal property. Give her a date to have it all removed by. I suggest instead of arguing about what is hers, if she takes what is not, note it and sue for the value.
Customer: replied 7 months ago.
A lot of the items since we have lived together for years now have been accumulated together.
Expert:  Samuel II replied 7 months ago.
I understand. So you two will need to come to terms on property distribution. If you cannot, perhaps you have a mutual friend who can mediate for you - or try a local professional mediator.
Expert:  Samuel II replied 7 months ago.
Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

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