• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

retrieving personal property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

scbred1028

Junior Member
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?
 


LdiJ

Senior Member
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.
 

Golfball

Member
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:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top