Legal Question in Family Law in Pennsylvania

Recovering my personal belongings.

My fiancee and I broke up a month ago and every time I want to pick

up my personal belongings, clothes

pots and pans,towels etc. He finds

an excuse so would it be illegal for me to use my key and let myself in and get my belongings?


Asked on 7/07/07, 7:49 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Recovering my personal belongings.

You asked about recovering personal property.

You are asking the right question and nobody can answer that without more facts. When and why did you "leave" the premises? Were/are you on the lease? Did/do you have unfettered access to the premises.

The easiest way to recover personal property is by going in and taking it. But as you noted there may be a legal line that you cross. Courts do not look favorably on self-help matters and the police are likely going to say that the matter should be handled in court.

Your ex may or may not have a claim against you if you recover your personal property while he is not there. Then the question becomes will he take action if the law was violated. If you remove or damage property that was not your own or to which ownership is disputable then the likelihood that he will take action, if appropriate rises.

As you are aware, not everyone handles breakups the same. Some people just can't handle them and others respond childishly. If the boyfriend simply says don't come over now. Maybe things would best be handled by just showing up. But that would not be recommended if there is any possibility of aggression between the parties. In any case, bring a friend to help or just act as a witness.

If you have a clear legal claim (e.g. evidence that the goods claimed are yours) then you could institute a legal action for replevin (the return of property wrongly withheld). But my guess is that would be overkill in this matter.

Regards,

Roger

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Answered on 7/08/07, 12:59 am


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