Can you sue an ex for removing all the personal property from the home in which they were cohabitating?
April 2nd, 2010 | by admin |The ex got up and left one day without notice and took everything in the home-even the refrigerator and food. Cleaned out the house completely! This couple had been living together for about 8 years. Personal property and home furnishings, appliances had been purchased together. My question can you sue for half of the property value? And if you can, is there a statute of limitation in doing so?
They were never married. What was cleaned out was all home furnishings and appliances. It is in the state of Washington.
If the property taken was purchased together then it is community property not personal property.
There’s nothing wrong with him taking his personal property.
6 Responses to “Can you sue an ex for removing all the personal property from the home in which they were cohabitating?”
By Maria on Apr 2, 2010 | Reply
It depends on what state you’re in, if you were married, & if it is a community property state.
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By Jack on Apr 2, 2010 | Reply
If the property taken was purchased together then it is community property not personal property.
There’s nothing wrong with him taking his personal property.
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By michael T on Apr 2, 2010 | Reply
Were they Married? If so everything is fair game until papers have been filed, but once papers have been filed for divorce, you can sell or remove anything. If one of the parties do remove everything before the divorce you have to show that you both or yourself purchased the property and for how much.
If they were not married then it becomes a civil matter and yes you can sue, but make sure you can show that you either purchased the property in question or helped purchased the property. The food, well you might as give up on that one.
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By wv on Apr 2, 2010 | Reply
if both were purchased and paid for together you have a lawsuit. However, different states have different rules and some states would consider that a common law marriage. If that is so, then there is definitely a case. Your best bet for legal advice however is to call an attorney. There are some that will do consultations for no charge. Think to yourself, are you doing it because they left you and hurt you and you want to hurt them or are you doing it because there are things taken that were purchased to stay with the house that you still inhabit. If you are doing it just for vengeance, then it wont be worth the can of worms you will open.
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By Jersey Girl on Apr 2, 2010 | Reply
how long were you gone for????
if they were considered a common-law marriage (depends on the state), then it’s considered joint property. it just depends on the state.
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By sassylassy2876 on Apr 2, 2010 | Reply
You would need proof it was bought together. I fyou were just living together and the home or rental was in your name as primary then every thing in home belongs to you. you can sue. I would find out from a lawyer on how much you can sue for in small claims court. If married it to is illgal unless written in divorce settelment. if you live in a state where comon law marriage exist then a divorce would have to be granted in order for any thing to be done. find out if your state has this law. only with proof of purchase of whom bought the items can a person sue for value. but you can also report it stolen if she didn’t have no proof of purchase. No one has the right to take every thing out of a home like that. no rights at all. I would report it stolen. if i got proof i was the one who bought it. like credit card recipt or recipts of purchase of items. the only thing you can’t sue for is value of food. check with your states laws for this though.
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