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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: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
8 Family Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Ask follow up questions if you need to.
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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Personal Property Questions

  • Hello, wife/I are separating, I own the condo we live in with

    Hello,
    wife/I are separating, I own the condo we live in with our 2 children. I am considering renting the condo to her and renting my own place nearby, temporarily, until she starts earning more money. I want to know a couple things about this:
    1. what lease or document can I use, as I won't really be 'renting' it to her, she will just be paying me the rent. I don't want anything too official and expensive. But I will still need something to show an apartment complex that I have the mortgage covered by renter. And as a contract incase she doesn't pay the rent and I have to cover both rents for a month.
    2. will me leaving the home have later ramifications aka in a divorce? I am considering leaving only because she is not leaving (although she is at fault, left the marriage). It is not the ideal situation with us both living together still, and we aren't 'separated' if we are living together. There isn't room for us to have separate living spaces here long term.
  • Can a minor own a llc share if his dad signes a consent fo

    Can a minor own a llc share if his dad signes a consent form
  • According to the Texas Family Code and the setting of child

    According to the Texas Family Code and the setting of child support, MUST the judge take into consideration the Obligor's ability to pay?
    I have seen online information ranging from: 1] Awards are based on the non-custodial parent’s ability to pay and MUST allow the parent to remain self-supporting; to: 2] "the judge MAY vary from the guideline figures if it is in the child’s best interests to do so. The factors the judge may consider in making that decision include: The ability of the parents to financially support the child."
    The difference between MUST and MAY is enormous if ta***** *****terally. Unfortunately, these judges have such unlimited latitude in their interpretation and ruling processes, it seems they can justify any ruling no matter what the code might state.
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