Legal Question in Real Estate Law in Wisconsin

Cohabitation/Property Distribution

I lived with a boyfriend for 1 year in which time we purchased a livingroom set. The set was purchased under a 2-year monthly payment plan of which I paid one year's payments. Due to the emotionally abusive relationship, I had to leave quickly and at the time did not want to deal with the arguement of the furniture nor moving it. This would have been in May 2006 and it has not been until now that I have lived in a residency in which I am able to use the furniture again. I am wondering if I have any rights to this furniture due to the money I put towards it.


Asked on 2/04/08, 6:32 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Cohabitation, Property Distribution for Unmarried Couples

Only a judge or a jury could make a final decision about who has the legal right to the furniture of a cohabitating couple, although a good lawyer might be able to negotiate or mediate a settlement out of court. You should therefore retain a lawyer in order to get an answer to your question. Obviously, the name(s) on the promissory note might provide initial evidence of ownership. However, generally speaking, one might have an argument for at least partial ownership with proof of the amount paid toward it, even if one's name is not on the paperwork. In my experience, such litigation often opens a can of worms, such as who paid for the other household expenses, which would be relevant in the final analysis of who owes what to whom. You might also have additional claims available to you which might soon expire due to the statute of limitations. One could spend far more on such litigation than the value of certain furniture. Real estate, on the other hand, is usually well worth litigating over. The other things which should always be considered in such litigation is the likelihood of whether you would be able to collect on any judgment. This can prove nearly impossible unless the opposing party is sufficiently wealthy to pay the judgment. You therefore need to consult with an attorney in order to get an analysis of how such a lawsuit might go for you, or to pursue an out of court, voluntary settlement for you.

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Answered on 2/05/08, 8:52 am


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