My ex and I bought a house together, but eventually broke up. She bought me out and I had my name removed from the deed. I still have belongings there and the contract stated I had to retrieve them within 2 weeks. However, when I asked my ex to set up arrangements for me to get my things she said, 'don't worry about it, you can leave them here as long as you want.' (I've been waiting for her to refinance to remove my name from the loan so I could by a house to put my belongings in i.e. furniture) A year later I asked what was a good day/time to come get my things. Now, she refuses to let me have them and refers to the contract stating I had 2 weeks. However, despite what the contract says, she never gave me the opportunity to come get my things nor did she ever ask me to remove them from the house and states, 'I'm not your storage unit.'
Do I have legal recourse to get my possessions because she never gave me the opportunity to get them, even though the contractual 2 weeks have passed?
There would need to be a review of the actual agreement if it is in writing.....but the risk is that X discarded that property. If she did not you have a better claim to it than X does
You have legal recourse. Whether that recourse will be successful or not is difficult to say.
If she still has the property, you can file a replevin action and ask that the Court enter orders allowing you to retrieve the property. If she has disposed of it, you can file a lawsuit for conversion of your property and seek money damages for the depreciated value of the property.
If you sue her, she can defend with the allegation that the property was abandoned. She will use the written agreement to retrieve your property within 2 weeks and your failure to come to the property for a year as evidence to support her claim.
If the judge believes that she told you that you could leave your property there as long as you want, then that would be an effective counter to her claim of abandonment since she never rescinded that offer and never demanded you remove the property.
You will have to decide how much time and money it makes sense to invest in pursuing this property.
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