is it legal to hold a persons property at a once shared residence when the property in question is part of marital assets?
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is it legal to hold a persons property at a once shared residence when the property in question is part of marital assets?
Richard and Jane are legally married but separated. Richard began sharing residence after separation with Shirley. Richard moved out June 27. He left part of our marital assets at Shirley’s residence, Shirley agreed. Now Shirley is holding furniture and demanding Richard pay July rent and utilities in full plus additional fees Shirley incurred as a result of bounced checks. She will not return the furniture and plans to continue charging Richard rent every month till the furniture is gone or the $900 plus and additonal monthly rent is paid in full. Is it legal for her to do this?
Asked on July 27, 2012 under Real Estate Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, it is not. The question becomes does Jane have what is called "standing" to bring a suit against Shirley for return of the property or improper "conversion" if she does something with it. I believe that she does if it is marital property but the best thing to do is to have Richard figure it out or for Jane to ask for a set off of the assets he left against other marital assets Richard may have a stake in that are not within Shirley's control. Good luck.
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