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if a person has been served with documentation of intent to

 
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Customer Question

if a person has been served with documentation of intent to seize property due to non payment of a judgement and that person lives with another person who solely owns all possesions of the household can the property of the other person be taken?

 

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State/Country relating to Question: North Carolina

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person involved created this debt years before he and I established a home together. He had no possessions except a truck, tools, and clothes. I own everything in the home and have long before he came along. Can they take my posessions just because we reside at the same residence?

Submitted: 1294 days and 4 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  PaulMJD replied1294 days and 4 hours ago.

As North Carolina is NOT a community property state, the separate assets of one spouse cannot be seized to satisfy the separate debts of the other spouse and you would have to go to court and file an objection to the seizure and provide proof of ownership of the property you want to be exempt from the seizure.


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Customer replied1294 days and 4 hours ago.

this man is not my spouse. we just live in the same house. will I still have to show proof of ownership of property? I have owned most of it so long I don't think I could. Should I pack up my house and just leave his things?

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Expert:  PaulMJD replied1294 days and 4 hours ago.

If he is not your spouse then you would have to show proof still that the property they are trying to seize is not his but yours, if not they have no way of knowing who it belongs to. In the event you are describing where you have owned things for so long, you just have to make that argument to the court since they do not expect people to keep receipts forever.

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Answered: 11/3/2009

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