Have separation agreement, how do I get my things


#1

If your agreement clearly identifies what will be yours, you would be able to enforce the agreement should he take the items belonging to you. If the agreement specifies when you may pick up your property and he is not allowing that to happen, then he is already in breach of your agreement. If he has an attorney, you could contact them to resolve the matter. If the agreement does not identify specific items as yours or a process for completing the physical transfer of those items, it sounds like the personal property sections of your agreement may be incomplete.

If you are unable to access the house as you indicated, it may be helpful to write a letter to your spouse indicating that these are the items that you expect to remain in the home, and that they are yours as specified in the agreement (if not in the agreement) then you are giving him prior notice of what exactly you are claiming as your property, either from the marital property or otherwise.

In certain counties, sheriffs have assisted a party retrieve their belongings from the marital home as long as you clearly can show you have a right to obtain those items. It would be very helpful if your agreement stated exactly what belongs to you and how and when you could obtain it. Without consent to enter the home, you may be forced to wait.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.256.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#2

Situation is I have a signed separation agreement from me and my spouse spliting our possessions. However he has changed the locks to the house and won’t let me get access to the house to move out my things on the separation agreement. The house is being sold and he is letting me get my things the day before closing after he moves his things out. I am afraid he is going to take all the items that were marital property that we were supposed to separate together who gets what. The separation agreement says that he retains possession of the house until it sells, I was told that is a problem with me getting access to the house before hand. Is there anything i can do?

Thanks