Legal Question in Family Law in New York

Re: Do they have a case?

You asked about a domestic situation.

First off you must retrieve your belongs. They have no claim to them but the owner of the premises does have a right to privacy that you generally cannot violate without agreement or a court order. If the possessions are in a rental unit to which you had or have access that has not terminated then you would have a right to enter the premises at any time. (In other words, if you were on the lease as a tenant, either as the lessee or as a co-tenant) then you would probably have access as long as that lease was still if effect).

As to the dog, that one is up to the wind. Just because he paid for it does not make it his. Especially if it was a gift or it was acknowledged that you were the owner on purchase. I would suggest you really fight for the dog. It doesn't sound as if these people will provide a good home for the beast.

As to the car, if there is anything in writing then that may substantiate a claim to the vehicle. But if the vehicle is titled in your name and there is no written evidence that it was a loan I would suggest maintaining a claim to the vehicle. If you are the title owner of the vehicle then you can take a loan against the vehicle to pay for any defense assuming you can qualify (you have a job and decent credit). This will provide substantial protection to the vehicle.

As to the engagement ring and wedding band. It is customary to return it if the woman breaks off the engagement but the law is not settled in this regard. As a suggestion you should potentially use this as a bargaining chip to retrieve your belongings, or pay for new ones (you certainly don't want it as a momento).

Don't worry about their claims. You will be able to defend with a very reasonable legal fee. And they will very petty for even bringing these claims. But if sued you MUST have a lawyer represent you or stand a strong chance of losing most of the claims.

Your best bet is to speak with a counselor at a local women's shelter. They really do have some good resources. If you determine to retrieve your possessions you should do so only when accompanied by a police officer or at the very least a disinterested witness (women's shelter can help with that).

Mainly, be glad that you did not actually marry into this sad situation. You may take a few lumps but at least they are getting out of your life.

Good luck and regards,

Roger

Re: Do they have a case?

If you go to court you will be ordered to return the engagement and wedding rings.

Sounds like the car was a gift (2 yrs ago)as well as the dog. Gifts belong to you!

You must protect the dog from any mistreatment whatsoever!