ND laws regarding domestic relationship, distribution of assets and liability for breach of lease, division of assets and debts

Relationship ended, general information about belongings and rightful owner: My girlfriend recently broke up with me. We were living in an apartment with both of our names on the lease. A couple of questions regarding this:

1. Since her name is on the lease, is she responsible for rent as long as her name is on the lease. In addition to this, if she were to remove her name from the lease, would she still be responsible to pay for the portion of the month she was on the lease, regardless if she was living there? Also adding on to this question, she and I had a conversation regarding the rent and she was claiming that since she was not staying here it was not her responsibility to pay rent. The main reason for this question(the number 1.) is that she still has a few things here that are too big for a car to move. Now in a way she is using the entire dining room holding her table and a couple of shelves until she is able to move them. Now is it wrong for me to not allow her to pick these up until she pays for rent(now it is the middle of September, we pay rent on the first of the month for that month, so I already payed for this months rent) for the time that she has kept her stuff here? The way I am looking at this is that if you were to get a storage unit(you cannot live there but you still have to pay the rent) you get locked out with your belongings inside if you do not pay, once the debt is payed it is unlocked. So is it wrong for me to not let her get her belongings untill she pays for part of the rent? And she has also had over 3 weeks now to find a truck or something able to move this stuff and has yet to do so, and I advised her that if it is not out by a certain date that i would not let her get it untill she pays for her portion of the rent.

2. We decided to purchase a bedroom furniture set. Unfortunately I was not approved for the card since I am using most of my credit(will not go into details, mainly just a large loan for my car), so the card the furniture was purchased under is in her name. She decided that she does not want it anymore so wants me to pick up payments for it. Now the card has no payments necessary until nov. of 2009. My question is: is it wrong for me to want a bill of sale, signed and dated, from her okaying me to have the furniture, just so she wont be able to come back when the furniture is payed off and demand it back?

3. I purchased some jewelry for her. Again, will not go into details except that the card they were purchased on was in my name and I made the payments(if that matters at all), I also have proof of this. I gave her this jewelry as gifts. Now I heard, and was just wanting to clarify, that since she is the one that ended the relationship the jewelry is legally mine. Just wondering if that is true or not. - Is this your question? Add additional information
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Answers (1)

Mark S Britton

Mark S Britton

Contributor Level 5
Mark Britton here - CEO of Avvo. We are not in ND yet so that is why you have yet to receive a response. Still, as a lawyer (although not a ND lawyer), here are some thoughts.

"Since her name is on the lease, is she responsible for rent as long as her name is on the lease?"

Yes, typically both people who sign the lease are liable. The lease should speak to this. Usually the contract will say that the landlord can come after either of you for the entire amount.

"Now is it wrong for me to not allow her to pick these up until she pays for rent?"

Detaining someone's property is seldom fruitful. What does she owe? What is the stuff worth? Is it reasonable exchange? If you don't have a contract detailing all of this, you are typically in better legal shape if you just give the property back and then file a claim for the dollar amount you believe she owes you in small claims court.

"Is it wrong for me to want a bill of sale, signed and dated, from her okaying me to have the furniture, just so she wont be able to come back when the furniture is payed off and demand it back?" In a separation like this, anything you can get in writing is a good idea.

"Now I heard, and was just wanting to clarify, that since she is the one that ended the relationship the jewelry is legally mine. Just wondering if that is true or not."

If you gave this jewelry to her as a gift, it is hers.
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