What are the rights of each party?

UPDATED: Jun 8, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 8, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 13 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption