What to do if my girlfriend and I have lived together for the past 2+ years and are splitting up but she will not let me get my things?

UPDATED: Oct 3, 2012

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What to do if my girlfriend and I have lived together for the past 2+ years and are splitting up but she will not let me get my things?

We are ending and I am moving. I have found an apartment but due to my work schedule I am unable to move for a few days. She is going to family court to make sure I cannot just enter the apartment without 24 hours notice. All my stuff is in there. Can she do this? Can I press charges of burglary is she locks me out from my stuff?

Asked on October 3, 2012 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest that you get a third party friend of you both to assist in allowing you to get possession of your items where you need access to retrieve your belongings.

If that does not work then your options are to write your "ex" asking that she allow you access to the unit under the supervision of a third party by a certain date for you to get the items. Keep a copy of the letter for future use and need.

If the demand date for retrieving the items comes and goes without you getting them, then your option seemingly is to file a legal action seeking possession of the items and/or damages.

You have no basis to make a police report for burglarly under the law from what you have written. Legally your "ex" should allow you access to the unit to get your belongings where both of you move on with your lives.

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