Legal Question in Family Law in New Mexico
can my boyfriend of 6 years years legally prevent me to retrieve my pets or belo
I have been living for six years with my boyfriend in his house in N.M. I travelled to Europe during Christmas to visit my daughter for a few weeks, with the intention to return. Got some hurting information from him by phone and fell into a depression and got very sick, which, prevented me to take my flight back. I want to travel now to retrieve my personal belongings and two pets registered to my name (their chips are registered to my name also and veterinarian records). My boyfriend says, I should not return to NM, unless I stay forever. He says he is not going to allow me in the house, or to gather my belongins. He says he decided, not to give my pets to me and not allow them to leave his house. I have my dear two pets, important documents, jewerly (some which belonged to my mother and before I met my boyfriend)clothing etc. I have tried to reason with him, that he should be civilized and honorable, to let me take my pets and belongins. I want to know my rights. Thank you very much for your attention to this matter.
1 Answer from Attorneys
Re: can my boyfriend of 6 years years legally prevent me to retrieve my pets or
The straight forward answer to your question is yes, you can retreive your belongings and your property (dogs, jewelry, etc.).
The round about answer is that how you do that could be a little bit tricky. You have several options: (a) you could just go in and take the stuff; (b) you could file for domestic violence protection; or (c) you could file for injunctive relief; (d) you could file for dissolution of partnership. I would imagine if I sat down with you and reviewed your different options we could come up with more options.
Because of the fact that you live(d) together it seems to me that you have certain rights to both the residence and to retrieve your belongings. The fact that you were not married puts him in the same boat as you - each of you have to prove to the judge who owns what if you do not agree about who owns what.
If you choose option (a) it may be best to do that at a time when he is not there or it could result in 'complications' which neither of you may enjoy. I do not believe I would encourage you to exercise option (a) without first obtaining a court order (options b, c or d).
Go talk to a lawyer in the locale where your property is located and get your stuff.
Good luck.
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