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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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we are not legally married. My partner is being uncooperative

Resolved Question:

we are not legally married. My partner is being uncooperative in letting me in to get my belongings. What must I do and what are my rights. The house is in her name. We have no debts together. I just want what belongs to me. We are not arguing. I feel that her uncooperativeness stems from a her desire for control.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
-Could you explain your situation a little more?
I just want to be certain of the facts. Were you living together and now you have moved out and simply want your personal property?
Customer: replied 5 years ago.
We have been together for ten years. We moved from Louisiana to North Carolina 5 years ago. For financial reasons, the house we purchased was put in her name only and where we have both lived together with her two sons, ages 19 & 17. In May, I returned to New Orleans to visit family. Soon after my arrival, I became injured. I broke my ankle, resulting in surgery. Within days of injuring myself, she told me she wanted a separation for reasons of abuse. In the time we have been together I have not intentionally harmed her, other than becoming very voicetuous and animated sometimes when I became angry. Her position is that my temper promotes fear. In honor of the relationship and for my own well being, I am now in Counciling to correct such behavior. I have been on crutches for a little over two months, with another two more months to go. I asked her if I could pick up some immediate belongings and explained that I would get the rest when I am able. This was unsatisfactory for her, claiming that I had no rights to come into the house. I am now seeking what my actual rights are. Thank you.
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - Since you were not married or in any type of a legal relationship you have no protection under the domestic relations laws. So you are basically two individuals with no written agreements to anything and all you have a right to is your personal property. The only way to retrieve property that belongs to you that someone else is holding is to file a suit in replevin in the local court. You can sue for a court order to have the items returned and, in the alternative, for the value of the items.

Once you file a suit she will either have to defend the suit or turn over the property. It is the only legal way to recover property that belongs to you from someone else who will not voluntarily give it up.

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