rights to items when a breakup lawyer

Do you need a lawyer to separate from your ex husband?

 · 2 attorney answers. Posted on Dec 13, 2010. No. A gift is a gift. There is no legal obligation to give it back. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create ...

What happens to your property if you break up with someone?

 · Below are some of the steps to take in order to get this situation resolved the right way. Don’t Make Any Rash Decisions. After a breakup, especially a rough one, it can be tempting to just throw away or sell the items that your ex left behind and refuses to pick up. You might be more than ready to move on from anything to do with them.

What to do if your partner wants to keep the House?

 · You continue to own your own property, including gifts you receive, and you can acquire joint property, but if you're living with another person who is the sole wage earner it becomes very difficult to argue that items that they buy for the home -- furniture and furnishing, appliances, cooking utensils, garden tools, etc. -- are joint property.

What happens to household items when a couple separates?

 · In general, unmarried couples can’t claim ownership of each other’s property in the event of a breakup. This applies to big investments (such as a house) and smaller items (such as furniture). Gifts made during the relationship remain the property of the recipient.

How do I get my personal property back from my ex?

If you set a date and your ex fails to let you pick up your belongings, you will need to request an order from the court in order to get your personal property back.

What legal rights does a girlfriend have?

An individual in a cohabitation relationship always has the right to her own property. This means her income cannot be garnished to cover her partner's medical expenses or any other financial obligations, like child support payments.

Who gets the furniture in a breakup?

A partner who moves out can return to pick up any items he or she owns 100%. The partners can decide on the best time to do this. A lawyer can help. sue to get the items back and ask for money to make up for not being able to use them.

What rights do common law partners have in the UK?

However, common law marriage is in fact a complete myth and does not exist in England and Wales. Unlike married couples, unmarried individuals do not acquire any enhanced rights in respect of property or other irrespective of the length of the relationship.

Is my partner entitled to half my assets?

Jointly owned assets will usually be split between you 50/50 or in accordance with any agreement you have made. Money or property in your partner's sole name will be presumed to belong to them alone, unless you can prove otherwise.

Do unmarried partners have any rights?

Do unmarried couples have the same rights as a married couple? No, unmarried couples do not share the rights, responsibilities, protections, or status held by married couples. This is the case whether or not they live together.

How long do I have to keep my ex partners belongings?

Depending on where you live, an ex can be given from 30-60 days to retrieve their belongings. While 30 days should be considered a minimum deadline, you should not set a deadline for less than 30 days. This is considered to be ample time for an ex to remove their possessions.

How do you break up possessions in a break up?

Agree to give items you both love to who used them the most. If you have some shared possessions in your home life, like silverware or a television set, divide it up by who used it most. Were you the primary cook in the house? You should be the one walking away with the pots and pans. Did you both cook the same amount?

How do you separate family possessions?

Here are a few methods:Draw lots and take turns picking items. ... Use colored stickers for each person to indicate what he wants. ... Get appraisals. ... Make copies. ... Use an online service like FairSplit.com to catalog and divide personal property in an estate.More items...•

Do unmarried partners have any rights in UK?

Unmarried couples living together in England and Wales don't have the same legal rights as those who are married or in a civil partnership. In some cases, it may be possible to make a financial claim against an ex, even if you weren't married.

How long do you have to be in a relationship to take half?

If the relationship has lasted at least three years, the general rule is that relationship property is divided equally between the couple.

Does my partner have rights to my house?

Both married partners have a right to remain in the matrimonial home, regardless of who bought it or has a mortgage on it. This is known as home rights. You will have the right to stay in the home until a court has ordered otherwise, for example, in the course of a separation or divorce settlement.

Ayuban Antonio Tomas

No. A gift is a gift. There is no legal obligation to give it back. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction.

Kevin Eric Mcreynolds

If these items were gifts, they belong to your daughter and she has no legal obligation to return them to her ex-boyfriend. The answer is different if the items were not gifts. For example, if the ex-boyfriend agreed to lend your daughter money to buy a watch and she agreed to pay him...

What are the rights of an unmarried couple?

The legal rights of unmarried couples living together. Unmarried couples living together - your legal rights explained if you’re cohabiting including financial, property and parental rights. Many couples live together before they get married, or choose not to get married at all. However, unmarried couples living together have different legal rights ...

What is an unmarried partner entitled to?

Unmarried partners who apply through the 1975 Act are entitled to reasonable financial provision as is necessary for their maintenance, so far as the estate can provide. Factors the court may consider in 1975 Act claims include:

What happens when a cohabiting partner dies without a will?

When one cohabiting partner dies without a Will, their surviving partner may be able to claim from their estate through the Inheritance ( Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). This can also be referred to as an ‘Inheritance Act claim’.

Do unmarried parents have parental responsibility?

Unmarried mothers automatically have parental responsibility for their children. Fathers do not automatically have parental responsibility for their children unless they are married to the mother. Unmarried fathers can get parental responsibility for their children by jointly registering the birth. Joint registration means the father’s name goes on the child’s birth certificate, along with the mother’s.

Can an unmarried parent claim child support?

Unmarried parents can’t claim spousal support if the relationship breaks down, but child support may be payable. In England and Wales (but not in Scotland) parents have a financial responsibility to their children through the government’s scheme, the Child Maintenance Service.

Do cohabiting couples have to be financially responsible?

Legally, cohabiting couples have no financial responsibility to one another if they separate. If your relationship ends you have no legal responsibility to provide your former partner with financial support. Many cohabiting couples choose to start a family together.

Can an unmarried couple be common law?

An unmarried couple can never be ‘common law married’ because common law marriage or common law spouses no longer exists in UK law and hasn’t done since 1753! It is a popular myth that couples are ‘common law married’ if they have lived together for a certain number of years, but this is not the case. The only way to get the legal rights of ...

What happens if spouse sells protected property?

Sale of Protected Property. If Spouse A tries to sell protected property without the agreement of Spouse B, Spouse B can stop the sale of these items: movable property owned by Spouse B. movable property owned by Spouse A (the share of this property that Spouse B is entitled to)

What is it called when a spouse wants to stop a sale?

The spouse trying to stop the sale asks for what is officially called a “seizure before judgment.” To get a seizure, certain conditions apply. To learn more, talk to a legal professional.

Can a spouse pick up personal items?

If necessary, spouses who want to pick up personal effects can ask the police to accompany them when entering the house. Finally, a spouse can ask a judge to make an emergency decision giving access to the house at a specific time and date to pick up personal belongings.

When is it a good idea to have a witness?

If the spouses have a very difficult relationship , it is a good idea for a witness to be present to watch what they take and to say what happened in front of a judge if necessary.

Can spouses take their own clothes?

For example, spouses can take their own clothes, jewellery, stamp collections, work tools and office furniture. Mahmoud is an accountant, and he set up an office in the basement of the house. He doesn’t need the agreement of his wife, Amina, to take his computer, which he uses for work. He’s the only one who uses it.

Can a spouse ask a judge to give exclusive use of the family's movable property?

Ideally, the spouses should try to reach an agreement when they separate. When this is impossible, each spouse can ask a judge for exclusive use of the family’s movable property.

Can a spouse take a small appliance out of the house?

small appliances (coffee maker, toaster, microwave oven, etc.) electronics (television, sound system, etc.) artwork (portraits, paintings, sculptures, etc.) Even if when one spouse is the only owner of the movable item, this spouse can’t take it out of the home without the agreement of the other spouse or the authorization of a judge.

What rights do you have after separation?

Rights to Property after Separation: When You’re Married and Getting a Divorce. The benefit of getting married is that, in the event of a divorce or separation, you are entitled to a share of the property. Marriage entitles both parties to certain assets and many couples acquire several joint assets over the lifetime of a relationship.

Who gets the house in a divorce?

The issue of who gets the house in a divorce or separation becomes even more complicated when there are children involved. For children divorce is a life-altering experience and one that needs to be handled sensitively to ensure their best interests are the priority.

What happens if you don't make a decision on your child's home?

When making this decision, the court will seek to minimise the emotional trauma and stress to the child.

When do marital home rights apply?

These home rights will apply until the divorce is concluded, at which point there will have been discussion over the division of assets, including the marital home.

What is the right to stay in your home?

The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender.

Can you register your matrimonial home?

In this case, you can register your matrimonial home rights with the Land Registry. This protects your financial interest in the home, meaning the home cannot be sold or transferred or have a mortgage taken out on it without your knowledge. The right to pay the mortgage, if the other party stops making the payments.

Does marriage give you joint assets?

Marriage entitles both parties to certain assets and many couples acquire several joint assets over the lifetime of a relationship . This includes the marital home, but also extends to joint bank accounts and pension contributions. This can become even more complicated in cases involving high net worth individuals.

What to do if your ex is a heavy furniture?

If this constitutes furniture and heavy items, you will have to make a plan with your ex, possibly through a third party . Calling the police is really the best idea, because I have witnessed situations gone horribly wrong, especially if your

What to do if a girl friend refuses to give you back?

Ask him or her to give them back. If he or she is still refusing you can make a complain to the police. Actually there is no legal relationship between a girl friend and boy friend unless both have a child together or promise of marriage.

What to do if your ex is seeing someone else?

Calling the police is really the best idea, because I have witnessed situations gone horribly wrong, especially if your ex is seeing someone else, and that someone else is there when you show up unannounced. What's worse is if your ex is seeing someone you know. Don't chance it. Ask for help.

How to get someone to pick up your stuff?

You could also get a friend or relative to pick them up, (if you have more stuff) or ask the police to come with you, in which case they will go to the door, ask him to allow you to pick up your belongings and stay around to make sure you leave without incident.

How to stop a man from stalking you?

Kiss your stuff goodbye and count your blessings that he's not stalking you. Stay away from him, cut off all contact, call it a loss and move on.

What do you do if your ex is reversed?

Regardless of what your Ex would do you choose to treat them as if the roles were reversed. You do not leave them with as little as possible even if they would do that to you.

How many/10ths of the law is possession?

Short answer? Possession is 9/10th s of the law.

What to do if you don't want to sell your house?

If neither of you wants the house, you will probably sell it on the market (most likely with a broker's help). Be sure to select a qualified broker who is sensitive to the fact that you are splitting up. The broker can handle the delicate arrangements of fixing up and showing the home, knowing that things may be tense between the two of you. But given that it's in both partners' interest to sell the property for the best possible price, try to work cooperatively.

What to do when trying to reach an agreement?

If so, be ready to award that person appropriate additional compensation, most often in the form of a reimbursement rather than a greater share of the equity. When trying to reach an agreement, put aside the most extreme arguments of either person, and acknowledge that there is merit to each side's more rational demands.

What to do if you can't resolve a dispute?

If you can't resolve this dispute by negotiation or mediation, consider submitting it to binding arbitration. You can use a real estate broker (if the dispute is primarily about the value of each party's contribution) or an attorney (if the dispute is primarily legal) as your arbitrator.

How long can a selling partner keep his name on a mortgage?

Finally, figure out your options regarding your mortgage. Quite often, the selling partner will agree to keep his or her name on the loan, at least for a year or two, in which case the buying partner would not need to obtain a new mortgage; of course, in this case the buying partner should give the selling partner written assurance that the mortgage will get paid each month, to help prevent the selling partner from ending up with a tarnished credit rating or facing a bank's demand for payment. If one partner takes his or her name off the loan, in some states and with some banks, the remaining partner can retain the existing loan in his or her own name even after a buyout. (With some loans the selling partner can even be absolved of any further liability.) But in other areas and situations, the buying partner may have to get a new loan. To present a financial statement strong enough to qualify for a new mortgage, the buying partner may need to defer making payments to the selling partner (or make very low payments) for a period of time. If this isn't acceptable to the selling partner, it may be possible for the buying partner to obtain a home equity loan in addition to the first mortgage.

How to decide who stays in a house?

Assuming you haven't already agreed (pre-breakup) that one person will have first dibs on buying out the other's share in the house, you may use a coin flip or some other simple mechanism to determine who stays and who goes. (These options are included in the house ownership contracts ) Or, if both of you want to keep the house, you can conduct an informal "auction," where the partner who is willing to pay the most gets to keep the place. You can also use mediation or arbitration to resolve the conflict. An arbitrator can be given the power to decide who should stay (after hearing whatever arguments you each make) and perhaps award the selling partner financial compensation for having to move.

What happens if you have two names on a deed?

Remember that in just about every state, having both names on the deed to the house creates a legal presumption that you are 50-50 owners , and anyone claiming a different percentage has to prove the existence of an agreement saying so (often in writing).

What happens if you don't sign a joint house agreement?

If the two of you didn't sign a joint house ownership agreement that sets forth your intentions in case of dissolution, you have two choices. You can either follow the legal procedures that apply in your state—typically this means the court will order the property to be sold, and the net proceeds (after paying mortgages, liens, ...

What happens when an ex partner accepts a gift?

Getting out of a bind . The most difficult situation exists when an ex-partner has accepted a gift, the gift is not titled in anyone’s name , and the giver would really like to get that gift back now that the relationship is over. This may involve gifts of personal family heirlooms or a custom-designed, one-of-a-kind piece.

What is the law on giving gifts?

General gift laws. As a general rule, a person who opts to give a gift to another person relinquishes rights to that item upon acceptance by the recipient—which must be clear and unequivocal from an objective standpoint. In other words, a giver remains the “owner” of the gift until the precise moment the recipient manifests receipt ...

Can a gift recipient keep mementos from a failed relationship?

First and foremost, just ask. You never know; the gift recipient may not be particularly keen on keeping mementos from the relationship.

What is a gift title?

Basic gift laws aside, any item that is titled is the property of the individual (s) listed on that document, period. For example, if one partner buys a new car for the other and the relationship later fizzles, the legal owner of that vehicle will not change with the updated relationship status. If the purchaser placed the other partner’s name on the title to the vehicle, that now ex-partner remains the owner indefinitely.

What happens if the recipient is not aware of the gift?

In such instances, the person offering the gift maintains ownership of item and may retain that ownership perpetually.

Does the recipient know if a gift is coming?

The recipient is aware the gift is coming, but has not yet actually received it

Is there a breakup court for married couples?

But there is no “breakup court” for dating and engaged couples. Here’s a look at some of the possible legal implications of unwanted romantic gifts, both from the giver’s and recipient’s point of view.