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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.
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Recent Personal Property Questions

  • My husband and I live in Raleigh, NC and we have been separated

    My husband and I live in Raleigh, NC and we have been separated for five years and are getting a divorce.
    He's giving me the house in exchange for a sum of money. Otherwise, we each retain our current property (cars, checking accounts, individual deft, etc.). The house was titled in both our names and he has signed the title over to me and I am refinancing in my name only.
    In our separation agreement what does the following clause do?
    SALE OF PROPERTY. In the event of a sale, transfer, or conveyance of any real or personal property now owned or hereafter acquired by either of the PARTIES, if (notwithstanding the mutual releases contained in this AGREEMENT) either party to this AGREEMENT is called upon to execute a deed, conveyance, bill of sale or other instrument conveying said property, then the PARTY called upon will sign any such instrument which may be reasonably be required or reasonably necessary to perfect title in the grantee of the property which is sought to be conveyed.
    Thanks for your help!
    Lisa
  • Question re engagement ring during divorce. As the couple

    Question re engagement ring during divorce.
    As the couple finalizing their divorce for their long term marriage, husband insists to put this language in the MSA: “… All gifts and loans from the parties’ parents, regardless of the receiving party or parties, belong outright to their respective offspring and are their separate property.”
    Husband agrees in an email through his lawyer: "to exclude personal everyday clothing specifically given to the parties from his parents. He has stated that there are no gifts of jewelry to wife, except her wedding ring, which he agrees that she may keep. He does not agree to change the wording to the provision in the MSA regarding division of belongings.”
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