is it legal to hold a persons property at a once shared residence when the property in question is part of marital assets?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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 with SHA-256 Encryption