Legal Question in Family Law in Alabama

Hey,

I am asking this question on behalf of my friend.

My friend is travelling overseas and she received a phone call from her boyfriend who told her that he moved her belongings (cloth and books only) and that he changed the locks and code to the house and she can't come to the house anymore. She comes back in 5 days and she has no where to go. She lived with her boyfriend for 5 years but the house is in his name. During this time they had joint bank accounts, joint tax return, lived together and had joint car ownership. She paid bills, bought furniture, and adopted a dog. Now her bf says he owns everything and that she only stayed there as a "friend" and it was only temporarily. He also had abused her (mentally, emotionally, physically and financially) and the police was involved several times during this disputes.

What can she do to fight back and get her belongings peacefully?


Asked on 6/06/11, 1:13 pm

1 Answer from Attorneys
Edward Tracy Southern Legal Group, P.C.

I am sorry for your friends loss. Based on your statement he has no right to throw her out of her home with no notice, especially if she has been there for 5 years. She has every right to retrieve her belongings. When she returns she should contact the local police and request a report to be made, and see if they will encourage him to allow her to retrieve her belongings. She can attempt to reason with him on her own and have an officer present on the day she returns to get her belongings, but from you statements her ex will not be reasonable at this point. Generally I would not advise a person to return to a home (to live or retrieve items alone) where there is a history of abuse. If the above steps do not help your friend her best option would be to hire an attorney who can help her sort through this. She can go to court to retrieve her belongings and even seek penalties against her ex for being thrown out of her home with no notice. As always, your friend will need documents to support everything she states is hers in the home.

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Answered on 6/10/11, 2:11 pm


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