Personal items left in home


#1

If you have sent a certified letter, you know that he received this letter, and the date has past, get rid of the stuff. Sell it, trash it, or give it away…my suggestion is to put it in IWANNA or on EBAY. If he’s that determined that it’s your responsibility to get rid of the stuff and you’ve informed him that is your intention then, do it.
Legally, if you both lived in the home I don’t think that it’s necessarily “his” stuff. Maybe the attorney can clarify more.
My husband’s ex tried to get the insurance to pay her back for a refrigerator that her boyfriend “stole” from the house they were both living in. The police told her that since he lived there it was not illegal for him to remove anything. It’s considered his property also and that if she attempted to turn it in that way as a theft that she would be committing insurance fraud…


#2

You should consult with an attorney who handles property law, these issues are not covered by equitable distribution laws and are not in my area of expertise.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#3

My ex boyfriend and I bought a home together several years ago but the mortgage has been in my name alone for 2 years and he signed a quit claim deed to the property on 4/4/08. It was my understanding that he was going to get the remainder of his property that weekend. He moved his belongings out in January except for some saws, ladders, weight set etc. I need to know what I need to do to legally protect myself in regard to disposing of these items. The Wake Co. Sheriffs office advised me to send a certified letter to officially request that he remove his belongings and that if he did not do so by the date indicated in the letter I could get rid of his property. I sent this letter and have gotten no response. The last conversation I had with him was over 2 weeks ago and I insisted that he needs to take his stuff immediately and that it was not acceptable for him to leave anything at the home any longer. He told me in anger that if it was that big of a deal then I would have to get rid of his stuff. I want to make sure that I am handling this legally and do not want there to be a chance of him deciding in the future that he is going to try to sue me over these items. Please advise me as to what I need to do to legally cover myself and still be able to have some closure in this matter and the relationship.