What are the rights of each party?
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What are the rights of each party?
This is the situation at hand. A couple living together for two years has now decided to split up. 1 homeowner and 1 non homeowner. The non home owner choose to pack personal belongings, what could be fit into an automobile and depart the home. The understanding between both parties was for the homeowner to allow the remainder of the personal belongings (i.e. Sectional Sofa, Large Chez Lounge, Tables, Chairs, Artwork…ect.) to remain in the home until the non owner found residence or in his words “as long as need”. As days progress (less than one week) the home owner has changed the tune dramatically! Now threatening to remove, dump, get rid of All Items belonging to the now homeless ex. Is this Legal in the state of Georgia, county of Cobb, city of Marietta?
Asked on June 8, 2009 under Family Law, Georgia
Answers:
R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I don't practice in Georgri. But that would not be legal here. The party that left the premises has a duty to reclaim the belongings w/in a reasonable time. Of course "reasonable" is open to interpretation, but less than one week would not be considered unreasonable. Some places even think 30 days is not unreasonable. And the party holding the belongings is under a reasonable obligation to care for the belongings for a reasonable period of time. That means they can't just throw it away or sell it w/out your permission.
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