On 4/30 I just ended a 4 year and 10 month relationship. He will not answer me to get the rest of my personal property along wi

On 4/30 I just ended a 4 year and 10 month relationship. I took what I could get in my hep that night and he will not answer me To get the rest of my things , 6/11 we bought a house. Went in his name b/c va rates were the best and we were not married so I could not be on mortgage, my dad gave us about 26,000.00 to fix up foreclosure my dad wrote checks to me putting what it was for in memo or wrote checks to contractors documenting what for in memo. What can I do to get back my things

Northeast, MD -

Attorney Answers (3)

Bennett James Wills

Bennett James Wills

Contracts / Agreements Lawyer - Baltimore, MD
Answered

If you have been excluded from the property then your best course of action may be to file what's known as a "replevin" action. You can do this in the district court in the county where you live. This kind of complaint requests return of property and damages.

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Thomas E Mulinazzi

Thomas E Mulinazzi

Alimony Lawyer - Columbia, MD
Answered

I agree that you could file a Detinue and Replevin action in District Court but that will only work if she agrees that the property is non-marital. If he contests that then only the Circuit Court has the jurisdiction to determine what is or is not marital property. While you could do this while you are waiting to be heard by the Circuit Court in the meantime you should consult with a local attorney to file an action for Divorce.

Further, you may be able to enter the marital home to retrieve your belongings since the home seems to be at least partially marital property. Again, you should consult with an attorney as soon as possible.

John C Belcher

John C Belcher

Family Law Attorney - Oxon Hill, MD
Answered

Since you are not married, the previous response referring to non-marital property does not apply. It sounds to me like you have two separate causes of action, one for replevin, which should get you in court very quickly to get your items back from you ex-boyfriend, and the second for breach of contract or unjust enrichment.

To win the first case, you need to have evidence that the property in question belongs to you. To win the second case, you need to prove that the money advanced was not a gift but that it was a loan or money paid with the understanding that you would have a share of the home or at least have the right to continue living there. The second case will need to be filed in circuit court and you will probably need legal counsel.

THIS RESPONSE DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP AND DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU... more

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