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  1. #1
    scbred1028 is offline Junior Member
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    retrieving personal property

    What is the name of your state (only U.S. law)? NC

    I have been trying to retrieve personal property and that which I bought into the marriage. I am now separated, and recuperating from major surgery, with no income or resources. My estranged husband makes an excuse each time I make arrangements for help, truckwise and bodywise to retrieve my property. What can I do to get my belongings? Can I get papers or something served to him ordering access to the property on a particular date?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by scbred1028 View Post
    What is the name of your state (only U.S. law)? NC

    I have been trying to retrieve personal property and that which I bought into the marriage. I am now separated, and recuperating from major surgery, with no income or resources. My estranged husband makes an excuse each time I make arrangements for help, truckwise and bodywise to retrieve my property. What can I do to get my belongings? Can I get papers or something served to him ordering access to the property on a particular date?
    Are you legally separated? Has he legally been granted possession of the marital home? If not, then you have every right to enter the home as you please.
  3. #3
    Golfball is offline Member
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    Erm, not quite.

    If the party resident in the martial dwelling either orders the non-resident party to leave (or not to come onto the property), with exceptions for visiting minor children or any other exception(s) noted by agreement, then the non-resident party is comitting a misdemeanor.

    In this case, by the OP's own admission, they are living in separate residences (and thus meet 14-134.3(a)(4)).

    See NCGS 14-134.3.

    Edit: An Equitable Distribution action (NCGS 50-20) would work to get clear title to the property, at which point the party in the marital residence would have to allow access to the property in question under penalty of contempt.
    Last edited by Golfball; 08-24-2009 at 02:27 PM.

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