Legal Question in Real Estate Law in California

How do I get my property returned from a former fiancee?

I left property at my former fiancee's residence that I want to retrieve. I also have property of his I want to return to him. I have been trying to arrange an exchange through e-mail, but he keeps delaying or ignoring my attempts. What do I need to do to expidite the process? I have a key to his residence that he gave me to use for access to his home during our relationship. He has never told me I was forbidden to use it. Would I be able to use it for access to retrieve my property and leave his property in exchange? I don't want to resort to this, and I'm sure there are repercussions. I just want this to be over. He is a high level executive and this is not a priority to him as it is to me. What can I do? I'm extremely frustrated, but want to do things properly.


Asked on 7/08/00, 1:14 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: How do I get my property returned from a former fiancee?

I would just go and exchange the property and then return the key to him

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Answered on 9/08/00, 12:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How do I get my property returned from a former fiancee?

If you resort to "self help" be fastidious about not helping yourself to anything that isn't undisputably yours. Don't take something of his that's "equivalent" to the thing of yours that you can't find, for example, nor anything such as a gift to the two of you in which he has any possible legal interest. Also, while you may be OK in "repossessing" your property, you can't do so in a way that's likely to result in a breach of the peace....no fights, no noise, no forced entry, no harrassment of neighbors, etc.

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Answered on 9/09/00, 10:19 pm


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