My ex and I have been separated for a year. Every time we make an agreement for her to come and get her personal items she ends up taking things that are mine and then I want her to leave. I’ve changed the locks, so how long can I keep her from coming back to get things ?
Since you’re separated and you’ve changed the locks, you do not have to let her back in to get personal property items. If you are not yet divorced and she wants additional items, she will need to file an equitable distribution action or initiate a mediation. Otherwise, you can offer to meet her at a public location with any items she requests in which you also agree to assuming she will provide you an advance list.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
How about if she took a personal item of mine that I didn’t approve of her taking after I have left my home. She came to get some of her personal items one day. After she left, I also left my home. When she saw that I left she came back and got the item that wasn’t hers and I didn’t approve of her taking. It’s an item that has been passed down in my family for ages. This was before I changed the locks. Can I call the police to get my item back because she entered my home without my approval ? Or what steps do I have to take to get it back ?
If the home is jointly owned, then there is nothing that law enforcement can do.
You may need to file an equitable distribution action in court if she will not agree to give you that item back or agree to attend a mediation session to workout any remaining issues. You will also want to make sure that all of the property division issues (including personal property, house, mortgage, cars, bank accounts, retirement accounts, credit cards, loans, etc.) are fully resolved in a binding document prior to the absolute divorce being entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.