How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9513
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
3 Family Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Personal Property Rights

What is personal property?

Personal property is mainly defined as anything that relates to an asset other than real estate. The difference between personal property and real estate is that personal property is movable. An Asset is not fixed permanently to one location, such as land or buildings. Examples of personal property would either be vehicles, furniture, boats, collectibles, etc. Read below where Experts have provided legal answers to many questions pertaining personal property.

How long does someone have to remove their personal property, and what is someone’s rights to remove that property?

There is no time limit that person has to claim their property, and the person with possession of the property has no right to remove, sell or destroy someone else’s property without court order stating they can do that. If they were married, the only way the court will issue a court order will be through either divorce or legal separation. On the other hand what they can do is send them a written letter through certified mail listing all of their belongings and give them thirty days to pick the belongings up. Also, state in the letter that after thirty days they then are giving the person possession consent to remove the things. By sending the mail through certified mail it will confirm that they have received the letter and they have failed to respond. This letter can be used to show in court if the issue ever comes up.

If personal property is left behind is the one in possession responsible for any damage to the property?

If this is sole property then they can be liable for the damages that were intentionally inflicted to destroy the value of the property. If these damages were simply because of wear and tear, then they should not be held liable. It would all depend on the damages, on whether or not the person would be held liable for the damages upon someone else’s property. Experts provide legal answers when pertaining to left behind personal property, and damages that occur when in the possession of someone else.

In the state of Virginia, after an event of death can the living spouse be held liable for past debt of a joint credit card that the former spouse has agreed in a personal property agreement to pay, and hasn’t?

Since this was a joint account, then that means the living spouse would be jointly liable for the debt, regardless of whether the other had agreed to pay it in a settlement agreement. Depending on the period of time, the debt may be uncollectible under the statute of limitations, also depending on if the other spouse has continued to use the card or not.

If someone has personal property at a former residence, are they able to go receive that property without trouble?

If they are the owner of the home, all they would need to do is provide a notice that they are coming to pick up the left behind property. If the other party refuses to let this happen, they then can have a police officer escort them. Sometimes police officers will not get involved in this sort of case without a court order. So, then they would need to sue this person for unlawful withholding of someone else’s personal property, or they can press charges for theft, because it is against the law to intentionally hold someone’s property without consent or authority.

Is there a law in Oklahoma stating that a parent cannot take away a teens personal property in order to teach obedience?

There is no law in Oklahoma outlining a child’s right to personal property. A parent has the right to control and is liable for the child until they reach the age of majority. In the state of Oklahoma that age is 18. On the other hand, a child can become emancipated before the age of 18.

Emancipation of a minor” is normally the process of freeing the minor from parental control. It means that the parent is no longer legally liable for the acts of the child. It can allow the minor child to set up their own living status.

In cases the court has stated that emancipation can either me partial or complete. “Complete” is where the parents are no longer legally responsible for the child. “Partial emancipation” means that the child is emancipated only for:
• A certain period of time or
• Some special purpose (such as the right to earn and spend their own money) or
• A part of a parent’s rights (such as the right to make decisions about pregnancy).

Until the child is 18 or emancipated, they are under the parental rules of judgment and discipline. The discipline cannot be overly physical to the point of abuse.

Everyone has their own right to personal property. If they have obtained personal property before a marriage, many times they will still be able to keep that as theirs when going through a divorce. Also, many times personal property can be taxable. Contact an Expert to get legal answers and insight regarding personal property.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9513
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
3 Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 9484
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dimitry K., Esq.
Attorney
Satisfied Customers: 7405
I provide family and divorce law advice to my clients in my firm.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 7143
30 years legal experience. I remain current in Family Law through regular continuing education.

Recent Personal Property Questions

  • I would not be filinf -fault divorce,and would not

    I would not be filinf for no-fault divorce,and would not want to live together for 2 years while the procedures are ongoing.My spouse has become emotionally abusive,and resents that I am disabled.Also,has destroyed personal property of mine on several
    occasions.We have been together since 1987-married since 1998.I have not worked since 8/2004,and currently there is no cure for the disease I have,also my physician has stated I am unable to return to work.I would not be able to afford a place on my own without
    asking for spousal support.Would I be able to receive that so I would be able to move out of this unbearable situation?
  • Is a saskatchewan numbered company like a trust? I'm currently

    Is a saskatchewan numbered company like a trust? I'm currently a U.S. citzen married to a Canadian who is a U.S. permanent resident. We are in the middle of a divorce ( in Las Vegas, Nevada) . On my husbands Canadian tax return it says a six digit numbered company is paying him....my friend here in the USA is worried that it's like a trust and there fore I have no right to any money from that source as a whole. Is that a possibility seeing as the monthly income was community money ? [During our marriage my husband and his father sold their construction company which was supposedly transfered to my husband his sibling and uncle before we married then because it was undervalued and the cra got involved it then went back to solely his father...his father then sold it and I believe the proceeds from the sale went into that numbered company...now being dispersed once again to my husband as income. The income we've used to continue to pay our bills while I've never worked by my husbands request. ]
  • I am divorcing in Michigan. My wife has a dog from prior to

    I am divorcing in Michigan. My wife has a dog from prior to the marriage that she has left at my house after moving out. I can no longer afford to care for her dog. Can I legally require her to take possession of the dog? She is refusing to do so, but
    I do not have the money or capacity to care for him any longer. I have provable evidence that the dog is hers from before the marriage.
< Last | Next >
View More Family Law Questions