Legal Question in Family Law in Utah
I want my belongings
I was in an abusive and controlling relationship for eighteen years, ten of which were in Mississippi and seven in St. George, Utah.(We are not Mormon)
I got the courage to abandon the relationship on March 7, 2005, and returned to MS.
Prior to leaving St.George,I arranged for a moving company to move my furniture, and other personal belongings to MS.When the movers arrived to pick-up my belongings,my former companion would only release half of them.(At that time,I was prepared to pay for the entire move)
On two separate occasions,I asked that he ship the remainder of my �things�,but he refused.
I realize that one year has passed but because of Hurricane Katrina,I have been displaced, and was unable to find a storage unit,thus,I haven�t requested my belongings again.
I am a retired teacher and unable to substitute teach because of being displaced, thus financially not prepared to pay for a moving company to move my �things� from St. George to MS.I have found a storage unit where they can be stored, until I can return to my residence.
What are my legal rights?Do you think it would be possible to get a court order for the release of my furniture, etc.?Could I get my former companion to pay
2 Answers from Attorneys
Re: I want my belongings
SInce most of your property appears to be in Utah, you should file a civil action in Utah. Under Utah law you will probably be considered "married" by common law. You will have rights to one half of the marital property (acquired during the marriage); all of your non-marital property (premarital or from inheritances etc.) plus possibly alimony and child support for any minor children. If there is a record of abuse, you may be able to get attorney fees as well - but that is up to a judge.
Re: I want my belongings
I noticed you used the word companion and not husband. Were you married? If so, you may request relief from the Chancery Court if you file a divorce action. By now you meet the residency requirements to file. If you are not married, your options are more limited. Your only recourse may be a civil action in Utah. This is the best answer I can provide given the limited information I have.
I do hope you will stay from him. You may be better off without your things. It�s just another way he can control you even from a distance. Remember, your life, health and sanity is worth far more than any possession he may have of yours. I hope you seek out profession help. Eighteen years of abuse is far too long for anyone.