As a marriage goes on, people frequently have personal items. A person may have a car they like to drive. The person may have specific items with great meaning to them such as scrapbooks, a bedspread that was left to them by a relative or a piece of jewelry they bought in honor of special occasion such as a promotion. People keep items on hand in their homes. In the event that the marriage isn’t working anymore, it may be time to move out. When someone moves out, they may do so suddenly. It’s common to leave items behind in the event of a move. There may be a temporary separation. During this time, it’s common for each member of the couple to hope they can ultimately work things out. Each person may be hoping for reconciliation that settles any existing issues and allows them to get the relationship back on track.
When one person moves out, any items they leave behind are considered their personal property even if they left them behind quickly and without notifying the other party in the marriage of their intent to move out and not take them with them. Even if the person is no longer living there with the other party, that does not mean that the items they left behind can be placed in the trash, sold to another party for cash or damaged in any way. Legally, all items that each member of the couple has are part of their joint possessions for as long as they are married and as long as it takes to go through the divorce process. A judge may rule that certain items belong solely to one person. The other person may also agree to give up any claims they have on them even if they have grounds for sharing them legally. It is important to understand that any possessions owned by each person have a legal basis for ownership and that such a legal agreement can be enforced. One person cannot simply agree to walk away from their legal obligations, especially when they have been spelled out in writing in advance. They must adhere to any legally agreed upon contract.
Legal Obligations
If there is an issue, one party may go to court to make sure any items they have are legally returned to them. This obligation has the force of law. A court order may take several forms. The person may agree to come to the person’s new place and return them in person. They may also agree that the other party can come back to their home and get them. It’s important for the person to understand the terms governing the return of such property. All applicants should know exactly what is expected as part of the return. For example, the petitioner may think the other person is legally being asked to return such items to them at their personal residence. In that case, the person should be as clear as possible. Any issues with communication should be addressed to the other party’s lawyer. The lawyer can clarify what is involved and what next steps may be required.
Returning to Court
In the event that the other person has not complied with an existing court order, it’s crucial to think about what kind of next steps should be taken. Sometimes, the person may decide the items simply aren’t worth it and move on. However, under other circumstances, the person may really want the items they are legally entitled to take back. In that case, contacting a judge again may be a good idea. The judge or any other legal official can help sort out any obstacles that may lie in their way. They can also help by providing another way to contact the person and get their items back directly.
Working With Law Enforcement
Sometimes, the person may be physically afraid to confront the other person and get access to their belongings. In that case, working with local law enforcement officials may be the best course of action. A local sheriff can come to the other person’s house and stay there as they collect their legal belongings. The sheriff will help. They’ll make the other party takes no action against the estranged spouse. They’ll also make sure that the other party takes no action the person’s physical property. Working with local officials is a great course of action that ensures perfect personal safety.
