Lived with fiance for 8 months. Not on lease. What are my rights as of coming to get my property and dog

UPDATED: Oct 1, 2022

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Lived with fiance for 8 months. Not on lease. What are my rights as of coming to get my property and dog

Legal rights to getting my property and dog
when i leave fiance of 8 months whe.n i am not
on lease

Asked on May 27, 2018 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have the right to your property and dog: being on the lease has *nothing* to do with your right to your own belongings and pet. However, if you have since left the home you cannot simply enter it to take your belongings (if you no longer live there, entering and taking things would be breaking-and-entering, even if you claim that you only took your own belongings); even if you could, that would be inadvisable given the domestic violence. You need to file a kind of expedited (fast) legal action in court to get a court order returning your possessions and dog to you--if the fiance will not comply, the sheriff can enforce the order and help you get your belongings. This type of legal action is commonly called an action for "distraint," though your state may have a different name for it. Ideally, retain an attorney to help you (which will also help "insulate" you from direct contact with your fiance); if you cannot afford a lawyer or wish to do this yourself as your own attorney ("pro se"), you can go to the county court's customer service or clerk's office and should be able to get forms and instructions, or could likely locate this information on the court's website.

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 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.

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