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christcb · Feb 27, 2008, 03:27 AM

I am not really sure where to ask this question, but this looks as good as any. Here is my sitch: I own a house with my 'X' both our names are on the mortgage and ownership of house. We broke up middle of January and after that he went kind of nuts. To make a very long story short he has once held me captive in the house (physically held me down and would not let me leave) and once "attacked" me in a public parking lot (assaulted me trying to take my cell phone from me). So I absolutely do not want to see him again, however I was forced to leave the house in somewhat of a hurry so all my things are still there and I need them back as I have found a new place to move to.

My question is two parts. First how can I get my stuff back from the house. I have no receipts or proof of what I have paid for even though almost all the stuff in the house I did pay for (both TV, both Beds, most of the furniture). I was told I can get the police to go out with me to keep the peace while I get things but what happens if he claims that something that is his when I paid for it?

Second, is there anyway to get out of the mortgage or am I going to have to pay it even though I can't live in the house?

Thanks for any advice or help you can give. Oh and in case it matters I live in SC and we were not married or anything just roommates as far as law is concerned.

George_1950 · Feb 27, 2008, 07:16 AM

Make a list of everything you own that is in the house. Go to the sheriff or police for their assistance in keeping the peace. You may be locked out, or have furniture and need help carrying things. If you are unable to work out a schedule with the ex, go to the magistrate or small claims court and file a suit to recover your personal property. If he disputes ownership, which he probably will not, the judge can rule.
You can't get out of a mortgage except by paying it or filing bankruptcy. You and the ex may want to sell the place; you need to work together and get this taken care of.
At the end of the day, you might as well have been married as it would have been easier to work out these details in a single divorce proceeding.