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Former Boyfriend of seven years (never Married) Was evicted form the premises via Emergency protective order on or around July 10, 2012. We have been living together for over seven years and we have one child in common. We Have built this house hold together for a long time and now we are having a dispute as to who owns what and I was wondering what are the laws pertaining to this situation? He came and got some things that I did not want him to take but I wasn't sure if I was permitted to keep him from it. What can I do if anything to get anything back? He hasn't been around to come get anything else in over a month.
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Good morning. I certainly understand your concern. Is your name on title to the home, as well as his? Also, were all items purchased 50-50 or did you buy some things and he bought others? Is there any agreement in writing? If you could please clarify these questions, I would be happy to answer.
We have been living 50/50. I paid all of the home associated bills and he paid for every thing else for the most part. I am the soul owner of the home. He has been living in this home for Five years with me. We made some major purchases just months before we separated. $12,000 in equipment was bought and he took that equipment. I was wondering if i have any claim to it or do I need to take him to small claims court? There are no agreements in writing.
Thank you for that additional information. Since you were never married, the items which you solely purchased and accumulated during the course of the relationship would belong to you and the ones which he solely purchase and accumulated, would belong to him. Anything in which the cost was shared, would be something which would need to be divided and/or resolved, with one party buying out the other, since you would each have a legal interest and/or share of it. In the alternative, you could take certain items and he could take the others, trying to divide these things as fair as possible, considering the circumstances. Of course, anything that was given as a gift would be considered yours, or vice versa. You said you were the sole owner of the home, so absent an agreement showing he has a legal right or interest in it or is entitled to recovery for contributions, he may have a hard time doing so. Since there is a child, he may be ordered to pay support as well, if you seek it and he will not pay on his own, if you have custody of the child at this time. If you each contributed to the $12,000 in equipment, you would have a legal right to a percentage of it. That being the case, you would need to sue him to recover for your share or anything else which he decide to take, that was jointly owned. Since the amount which you seek to recover could be over $5,000, it would not be a matter for small claims court, since that is the cap in Virginia. As such, this could get complicated and it is best to retain an attorney to represent your interest, if you and him can not resolve this amicable.
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