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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: 9160
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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3 Family Lawyers are Online Now

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Ron
ASE Certified Technician
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I am fellowship trained specializing in general urology and reconstructive urology.
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Appliance repair business owner for over 43 years.

Recent Personal Property Questions

  • I receive child support via a garnishment of ex-husband's pay

    I receive child support via a garnishment of ex-husband's pay weekly. Per stipulation of divorce chid support and college expenses are to be paid until age 22/graduation from college. Son is 20 and a junior in college. Apparently ex-husband retired early (age 55). I was just sent this email today: "As of today I no longer am working at XXX,I have resigned in order to keep the medical benefits for our son, and I am actively seeking employment elsewhere.I will keep up with x's room and board (taking out more loans) Child support will be paid by check directly from me until I can set up auto payment with a new employer." No warning just this email today. As stated we have a garnishment for cs. He can't just stop that, correct? I don't believe he resigned, I believe he retired early. I don't trust his saying he'll mail me checks or that his checks will be on time or for the proper amount or won't bounce (hence the garnishment). What action should I take to ensure the cs for my son?
  • I live in St Lucie County in Florida. I currently own the home

    I live in St Lucie County in Florida. I currently own the home (deed and loan in my name) I share with soon to be ex boyfriend and also father of my youngest daughter. He is a functioning alcoholic. He is mentally and emotional and verbally abusive to me. I have asked him to move out. He is slowly taking his stuff out. He is saying he isn't leaving for another two months because I won't have sex with him. I also have two children from my previous marriage. He keeps telling my kids I am going to on the streets with no food. How can I get him out? He has stopped paying me for any bills and turns the internet off and canle. He threatens me by saying he is going to take all the fixtures. I have looked into an injunction but have heard its hard to get one if there isn't physical violence. His verbal abuse is in front of the kids. I know this is affecting my kids and I don't think it's right for him to get away with this.
  • My divorce judgment says spouse gets " The personal property

    My divorce judgment says spouse gets " The personal property in his possession and control, including those items for which Defendant owned prior to the date of the parties' marriage.". We were married for four years, no kids, in our 50s. He moved out of the house three months prior to judgment and took many belongings with him. My question is....if something he owned "prior to marriage" is in the house I live in and I am keeping as part of the judgment, am I legally obligated to turn over said item since it is in my "possession and control" since he moved out and at the time of judgment?
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