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How long does my ex have to leave his personal property in my house before its legally mine?

Manchester, NH |

My ex was arrested in 7/10 for simple assault against me, at that time he was told he could come get his couch and other items. However he never did. 9/10 he told me that I could keep the couch and the bed that I paid half of. Now that we are in the middle of a custody battle he wants money for these items. Since he left them in July and its now January is there a time limit since he was given the chance to take them?

We were never married, I moved in with him in May of 2010 and then he was arrested 7/25/10. The landlord had us choose who was going to leave the apartment, he choose to give his 30 day notice and give up the apartment. He has told me over the phone that he wants money for the bed and the couch now, because he is upset about the custody issues but there is no formal paperwork in court over the couch and the bed. I hope thats what you need. I figure the more information I give you the better. Thank you. The police told him he could come back with them to pick up his stuff. He got all of his stuff but left the bed and couch. There was never any court order. I am very low income and am trying to find legal help in NH. Do you have any suggestions?

Attorney Answers 2


You say you are in the middle of a custody battle, but do not mention anything about a divorce. Has the divorce already taken place or are you and your ex-husband modifying the custody agreement? I need to know what stage of the process you are in because if you are getting a divorce, then property division will take place at that time. Property division is a separate issue from child custody and should not have any bearing on the custody determination.

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Who told him he could come get the couch and other items? If it is an order of the court, I would just give it to him if you still have it and he asks for it. If it was just some verbal exchange between the two of you, I would take the position that he has abandoned items.

You really should invest in a consultation with a good family law attorney in your area. The attorney will be able to ask you a lot more questions than we can on Avvo and, based on your answers, will be able to give you specific advice carefully tailored to your specific facts.

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