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FamilyLaw-Expert, Lawyer
Category: Family Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My BF has been cheating and living with s new GF. I changed

Customer Question

Hi my BF has been cheating and living with his new GF. I changed the locks and he signed a release moving out. He left only with some clothes, he now wants to hurt me more and take some of the living room furnisher. Do I have the right to keep all our things and just give him his personal things, most of his cloths are in her home
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyLaw-Expert replied 2 years ago.

Hello, my name is ***** ***** I want to make sure you receive excellent service today. First, let me say that I am terribly sorry to hear that you are in this situation. If this situation comes down to a lawsuit, the court will look at who purchased each item, and whether or not that item was considered a gift. So, in determining what he is legally entitled to, you have to look at who spent the money for the particular item. Unlike married couples who must split things equally, boyfriends and girlfriends do not share this requirement.

Expert:  FamilyLaw-Expert replied 2 years ago.

If he is not on the lease, you absolutely have the right to tell him to leave. In addition to this, you can file an eviction with the court and can have a sheriff forcibly remove him from the premises.

Expert:  FamilyLaw-Expert replied 2 years ago.

As for the lawyer telling you that he is not entitled to anything because he left the apartment for another woman, there is no legal basis for this. What he likely meant, is that the under the law, your boyfriend "abandoned" the property and had no intention of retrieving it. If you made it available to him to pick up, and he refused to come get it, then you could make the argument that it was legally abandoned and thus yours. Unfortunately, however, he may try to say that you changed the locks and thus he had no ability to actually get his things. How a court will decide will be primarily determined by the exact facts in this situation.

Expert:  FamilyLaw-Expert replied 2 years ago.

As to whether or not this property can be considered abandoned, it will depend on which state you are in, and exactly what occurred. For example, if you were in California, you would have had to give him something in writing stating that he had 18 days to reclaim his property. If you are in North Carolina, you must store the items in a county warehouse for 10 days, wherein you can then sell, keep, donate, or dispose of the property. Regardless of what state you are in, if he wants his things back, he would file a claim for wrongful lockout, claiming that he never had the ability to get his things. He would sue for conversion, showing proof of his purchases, and you would then have to prove that you gave him proper written notice to come get his stuff.

Expert:  FamilyLaw-Expert replied 2 years ago.

You would do this by showing the court any official notices you sent him at his new address or place of work to show your attempts at communication.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.