How Can I Legally Get My Belongings Back From My Ex
Unless you accomplish an agreement with your ex, you can't return to the family home whenever y'all want to think any household items or personal belongings that yous left backside or forgot. At that place is no time limit or special permission prepare out in the police force allowing y'all to exercise then. Whether you're married or de facto partners, only two options are bachelor for you to become your property back: reach an agreement with your ex or employ to the court.
Option 1:
Reach an agreement
As a general rule, the simplest and fastest fashion to retrieve your household items and personal property is to accomplish an agreement with your ex.
If dialogue is difficult, you can send your ex a written request. This will allow y'all to specify your requests and continue a written record of them, which y'all tin employ if ever yous take to go to courtroom.
Your written request can be in the form of a letter, an email, or even a text bulletin. In all cases, it must comprise the following elements:
- A list of household items and property you would like to retrieve
- Proposed times to pick them upwards
(e.g., I can come up to option them upwards with Denise side by side Friday around 2:00 p.m. or on Saturday around 10:00 a.m.) - A reasonable response time
(e.g., Please let me know when you'll be available earlier Feb 3.)
If you manage to reach an understanding, it is again preferable to put it in writing. A written document volition ensure that you have proof if the agreement is not respected.
When yous get to pick up your holding, it'due south recommended that you lot bring a neutral person with yous. This individual may exist able to defuse any potential tension and could also serve as witness if y'all have to get to court.
Option 2:
Utilize to the court
If you're unable to reach an understanding, you yet have options. All the same, the legal steps bachelor aren't the aforementioned for married couples and de facto partners.
The steps you take depend on what you desire to accomplish.
- If all you desire to do is retrieve your household items and personal belongings and bring them to your new home, yous can inquire a judge for a "safeguard order" to strength your ex to render sure items by a specific deadline. In this case, the judge will first make up one's mind whether the household items and property you desire to retrieve serve for the utilise of the family unit. Normally, household items and furnishings used by the family unit should remain in the family residence until at that place's an agreement or a divorce judgment, regardless of who the owner is. A gauge could therefore refuse to let you take your household appliances if they're beingness used by the family unit. Notwithstanding, the judge might permit y'all to take your personal belongings, such as your clothes and other property that only you utilize, for example, your personal computer.
- If yous desire to retrieve your household items and personal belongings and return to live in the family residence, you can use for a " Safeguard Lodge for Sectional Apply of the Family unit Residence and Movables " . This lets y'all ask the approximate to allow you to go along both the property belonging to you lot and the property serving for the employ of the family unit. If the judge grants this request, you tin move back into the family residence and go on the designated household items. Your ex will accept to move out but can still accept his or her personal property when leaving.
In all cases, you tin can apply for a "safeguard order" at the same fourth dimension as your "Divorce Application". A conclusion on this type of awarding tin can be rendered quickly, within a few weeks or even a few days. This judgment will be temporary, nevertheless. Even if a judge allows you to use the household items at this stage of the process, your property may end up being divided differently at a later stage of your divorce.
After a Separation, Can You Dispose of Your Ex's Property equally Y'all Please? - French merely (Société québécoise d'information juridique)
De facto couples are entitled to retrieve all their property. However, the legal proceedings involved are sometimes complex and don't always produce the desired results.
You tin file what is called an "action in revendication" before the Superior Courtroom of Québec to strength your ex to return property to you. A gauge will then determine who owns the property and guild that it exist returned to its owner. However, this application process is complex and may crave the assistance of a lawyer. Y'all volition also demand to prove that you lot're the sole possessor of the property being claimed past presenting a receipt or an invoice, for instance. This proof is sometimes difficult to obtain.
If you're unable to retrieve your holding, you also have the option of claiming fiscal bounty for its value. This application must exist filed with the Superior Courtroom of Québec or the Civil Division of the Court of Québec. The Modest Claims Division of the Court of Québec has besides rendered judgments in similar disputes between de facto couples. The procedure in Small Claims is simpler, simply the Court might refuse to return a determination in your instance if information technology decides that you haven't brought the matter earlier the right court.
Separation of Mutual-Police force Couples: Furniture and Personal Holding (Éducaloi)
Be careful!
Even if you own the domicile, information technology can be risky to enter it without your ex's consent.
If your human relationship is strained, this could lead to a direct confrontation with your ex and complicate your separation procedure.
In very rare cases, you lot could fifty-fifty be criminally charged.
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The information presented on this folio is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal stance or legal communication on your personal situation, consult a legal professional person.
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Source: https://juridiqc.gouv.qc.ca/en/separation-and-divorce/home-property-money/family-home/getting-back-household-items-and-personal-belongings-left-in-the-home/
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