Legal Question in Civil Litigation in Florida

property rights

my girlfriend moved out on her common law husband (14 years together) and now he refuses to return her belongings claiming she owes him rent???? Sheriff's office says it is a civil matter??? help!!!


Asked on 10/21/07, 11:03 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: property rights

Not much of a marriage if she is now your girlfriend (smile). In Florida, there is no such thing as a common law marriage -- so she really just went from one boyfriend to another.

Absent an agreementon the issue of rent, he has no right to demand it and no right to her property, but after 14 years of living with him, it may be difficulkt for her to prove what is hers and what is his and whose money it was bought with. Those issues make it one that the police will not bother trying to sort out who owns what.

Next time she moves out, tell hert to be sure to pack up her stuff on the way out the door.

She can always bring a suit for return of the items, and that may be her only viable alternative at this point.

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Answered on 10/21/07, 11:28 am
Scott R. Jay Law Offices of Scott R. Jay

Re: property rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If she wants to reclaim what she believes is her belongings, she will probably need to file a suit in the appropriate court. The Sheriff's office has properly stated that they will not get involved in a dispute between a former boyfriend and girlfriend which is a civil matter. If the parties cannot agree on a resulution, then only a judge can decide.

Scott R. Jay, Esq.

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Answered on 10/21/07, 12:11 pm


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