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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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