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Cohabitation
Can I keep my fiancé's belongings for unpaid bills?

Can I keep my fiancé's belongings for unpaid bills?

Full question:

My fiance lived with me for a year. I put him out of my home that I own due to his drinking. We never claimed to be husband/wife, filed taxes jointly or entered into a legal contract together. So I don't think we fall into common law for Alabama. He does owe me $1,242 for bills and misc. That would be for half the utility bills and then other things. When we lived together he gave me $1000 a month for the bills. So my question is his belongings are in my home. Can I keep them for the money he owes me? What's in my home is clothes, bedroom suite, 2 televisions and then personal belongings.

Category: Cohabitation
Date: 04/07/2025
State: Alabama

Answer:

In Alabama, if your fiancé can prove that the belongings in your home belong to him, you cannot legally keep them without a court order or if they are deemed abandoned. When someone holds property for another person without compensation, this creates a situation called a bailment. In a gratuitous bailment, the person holding the property (the bailee) must take reasonable care of it.

If the property is considered abandoned, local laws regarding abandoned property apply. These laws often require you to send a notice to the last known address of the owner, informing them of a time limit to retrieve their belongings before you can sell them. It’s advisable to contact your local police department to understand the specific abandoned property laws in your area.

If you obtain a court judgment for the money owed and it remains unpaid, you may be able to create a lien on your fiancé's property. A judgment lien gives you a legal claim to the debtor's property to secure payment. This process typically requires you to file a lawsuit and obtain a judgment from the court.

To establish a valid lien, you must have ownership or a right to the property, possess it with the debtor's consent, and the lien must arise from an agreement. If the debt is not paid, the lien holder may be able to foreclose on the property to satisfy the debt.

If you wish to resolve the matter legally, consider reviewing information on contract law and breach of contract actions, as you may have a claim for the unpaid bills.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if I file my taxes separately if married?

If you file your taxes separately while married, you may not be able to take advantage of certain tax benefits, such as the Earned Income Tax Credit. Additionally, your tax rate may be higher compared to filing jointly. Both spouses must either itemize deductions or take the standard deduction; one cannot choose one method while the other chooses the other. Filing separately can also affect deductions related to education and child care. It's important to evaluate your specific financial situation or consult a tax professional before deciding.

Can you claim an unmarried partner as a dependent?

Generally, you cannot claim an unmarried partner as a dependent on your tax return unless they meet specific criteria. To qualify, they must live with you for the entire year, have a gross income below a certain threshold, and you must provide more than half of their financial support. However, claiming them as a dependent may not be beneficial for tax purposes, so it's advisable to review the IRS guidelines or consult a tax professional for clarity.

What are the rules for claiming Head of Household?

To qualify for Head of Household status, you must be unmarried or considered unmarried on the last day of the tax year. You must also have paid more than half the cost of maintaining a home for yourself and a qualifying person, such as a child or dependent relative. This status typically allows for a higher standard deduction and lower tax rates. Ensure you meet all criteria set by the IRS to benefit from this filing status.

Can you get in trouble for filing separately when married?

Filing separately when married is not illegal, but it may limit your tax benefits. You could face higher tax rates and miss out on deductions available to joint filers. If you and your spouse file separately, both must either itemize or take the standard deduction. However, if one spouse claims certain credits or deductions, it may affect the other spouse's return. It's important to consider the implications and consult a tax professional if unsure.

What is the penalty for filing Head of Household while married?

If you incorrectly claim Head of Household status while still married, the IRS may reclassify your filing status to Married Filing Separately, which could result in a higher tax liability. Additionally, you may face penalties or interest on any unpaid taxes. It's crucial to meet the requirements for Head of Household status, including being unmarried or considered unmarried, to avoid these issues. Consult a tax professional for guidance if you're uncertain.

Is filing separately while married illegal?

No, filing separately while married is not illegal. However, it can limit tax benefits and may result in a higher tax bill. Both spouses must choose to file separately; if one files jointly, the other cannot file separately. It's essential to understand the implications of this choice and consider consulting a tax professional to determine the best filing strategy for your situation.