Q: A good friend is having a nasty breakup with a very angry person who won't let her retrieve her and her son's property.
She was living with him and he is refusing to let her retrieve her things. He said he would put it out on his patio for her to get but he hasn't done it. It's been 3 days. He also keeps harassing her via text about the breakup. All my friend wants is to get her clothes, laptop, and her son's clothes and toys (he's 3). She's trying to be civil and amicable but this guy is being a jerk and withholding her property. Is there any legal/civil action she can take?
A: If the parties are married and divorcing, requesting a temporary order in the divorce action could help resolve some of these issues. The party could ask for a specific order allowing her to retrieve her immediately necessary items. When non-married joint tenants split up, there are a number of ways that the parties can obtain the property from the other. Sometimes law enforcement will do a civil stand by while one tenant retrieves their items from the property if it is just a couple of things. Other times a court action is necessary. Depending on the dollar amount, sometimes small claims court is a good way to access the court to receive assistance in obtaining these items.
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