Legal Question in Family Law in Nevada

Personal Items

For 4 years my partner and I dated. I September 2006 she decided to move to Illinois. As I decided to move to Indiana. Most of our personal belongings were put into storage but placed under her name. She has possession of the storage keys. I moved back to my home state and would like to remove my belongings out of storage. We have since then broken up. I have been unsucessful with obtaining the keys from her and giving me access to the storage unit. Some of the belongings in the storage unit were hers before our time together. As the same goes for me. I would like to know what my options are if I continue to still be unsucessful with my issue. I have been trying to obtain the storage keys since January. Please help...


Asked on 4/05/07, 10:26 pm

1 Answer from Attorneys

Joseph Scalia Joseph A. Scalia & Associates

Re: Personal Items

Your answer has the potential to become extremely complicated. You must first ascertain the value of these items. if its junk, and it probably is- you may have to write it off as a bad girlfriend story. If these items have a real value- not sentimental, or are irreplacable or you insist on gaining access you have 2 options. Civil criminal or both. Because you are not married and have no children, your remedy lies in civil court or with a criminal complaint.

Civil; You must sue her for conversion/embezzlment or under a quasi bailment theory (its complicated- think car valet- when you entrust your property to a 3rd party for safekeeping they have a legal duty to protect it and return it) Your damages would be the value of the lost items or perhaps an injunction ( An order requiring her to give you your stuff) Criminal - you can file a report for theft, embezzlment, grand larceny etc. But the police are unlikely to get involved in dividing property after a bad breakup- but the report is a good exhibit in your civil case. As a practical matter you may get help from her Mom, Dad family,or mutual friends prior to legal action. She may become embarrassed when they know about her immaturity and give you a set of keys. If not send her certified letter advising her she has 5 days to give you access or your going to court.

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Answered on 4/05/07, 11:11 pm


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