my sister and partner just moved into a rented house when she found out partner was cheating on her. My sister has moved out but want to get a van and take all the bits that either she paid for or family paid for. What rights does she have if she cant provide proof. some of the stuff was second hand paid with cash from my sisters bar job or by my mum. and xmas presents given by her partners family, can she take them.
2007-01-09 01:43:41 · 7 answers · asked by Seahorse 1 in Family & Relationships ➔ Marriage & Divorce
If they are not married, most of it will be a "possession is 9/10 of the law" scenario.
Unless they can work this out themselves it's going to be a big mess.
2007-01-09 01:49:42 · answer #1 · answered by fucose_man 5 · 0⤊ 0⤋
Depending on how long the partners were together--and the laws regarding marriage, common law marriages, and domestic unions, many states have a community property law. Unfortunately, it would appear that your sister has a problem with providing receipts of payment for some of her things; that could be an issue, if the partner makes it one. I would recommend that your sister contact the local police for an escort to the house, get her things, and cut her losses. If there is any dispute, she may be able to get additional property through civil court; but it may be better for her to make a clean break, and start over. Good luck and God bless.
2007-01-09 01:51:35 · answer #2 · answered by Judy W 3 · 0⤊ 0⤋
She may take anything that was given to HER as a gift. Even if it was from her partners family. Her and the partner should sit down and agree on what they want and what they want to take. Anything that can not be agreed on should be sold or bought (by one of the them..i.e. We both want the TV, I'll give you 50 for it..get it?).
2007-01-09 02:11:46 · answer #3 · answered by lilbitt_637 4 · 0⤊ 0⤋
if it was a common law relationship then all will be considered as community property, but in this case what you came with, you take back and you might need to provide proof.
If the guy is honest enuff he'll let her take what's hers. Any problem l advice your sister to go to a Community Court.
2007-01-09 01:54:24 · answer #4 · answered by deebo 1 · 0⤊ 0⤋
She should be able to get what is hers. She may have to seek legal asst. If he won't let her in to get her things. Any gifts give to her are hers and anything else that belongs to her. They will be able to determine who's telling the truth. I'm sure this will work out for her.
2007-01-09 01:55:05 · answer #5 · answered by relationcounseling 2 · 0⤊ 0⤋
--she has the right to take everything that belongs to her personally--if she hasn;t got proof of ownership and he doesn;t want her to take it then it only makes for alot of unwanted heartache---tell her to hold her head high-forget the material things and get as faraway from this relationship as possable--good luck.
2007-01-09 01:58:14 · answer #6 · answered by mikeh_frog 3 · 0⤊ 0⤋
Tell her to talk to a lawyer to be sure .
2007-01-09 01:56:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋