QUESTION
Can a person legally take something away from you if they have a reciept?
Asked on Apr 04th, 2013 on Family Law - Rhode Island
More details to this question:
I gave my ex a substantial amount of money to aid me in repairing and replacing the appliances in my home. Now that he and I are no longer together, he is saying that he is going to come pick up the appliances because they were paid for using his card and that he has receipts and the warranties are in his name.
13 ANSWERS
Ronald A. Steinberg
Tell him that you will see him in court.
Answered on Apr 05th, 2013 at 2:04 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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A receipt may be used to show ownership. However, if you have some type of proof that you gave him money to assist you, then you can use that as well. Since you have possession of the property, then it is up to him to prove that he owns the property and that it wasn't given to you or that you didn't pay him for the property.
Answered on Apr 05th, 2013 at 12:20 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If the property was purchased with funds provided by you, you would have a legal argument that the property actually belonged to you even though your ex had purchased the property using his ID.
Answered on Apr 05th, 2013 at 9:50 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You see all the fun things that happen when you avoid lawful marriage and doing things the right way. The person who owns the property is entitled to the property. Only you and the boyfriend know who that is
Answered on Apr 05th, 2013 at 9:49 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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He is threatening "self help" which is not lawful. If he shows up to take stuff, call the cops. He will mouth off to them and they will say, leave everything as is until someone gets a court order. The better course is that you should get a temporary restraining order right away, that way there will be a court order in place, which again will preserve the status quo until there is a full hearing. Meanwhile, change your locks.
Answered on Apr 05th, 2013 at 9:49 AM
John Arthur Smitten
He cannot just show up at your house and remove fixtures.
Answered on Apr 05th, 2013 at 4:16 AM
He can't just come by and take the appliances. He will have to sue you and prove it in a court of law. Otherwise call the police and they will have him arrested for stealing, breaking an entering and perhaps burglary.
Answered on Apr 05th, 2013 at 4:04 AM
Lisa Hurtado McDonnell
No, you are Co owners and someone should pay the other to buy out the other person's interest or you should split the items in a fair manner.
Answered on Apr 05th, 2013 at 3:33 AM
Michael J. Breczinski
If you paid him for the items and he takes them against your will then he is a thief and can be charges with a crime. I do no care if he was the original owner.
Answered on Apr 05th, 2013 at 3:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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By ex apparently you do not mean ex spouse but rather some less formal relationship. Given the fact that open cohabitation has not been the norm in society the law has yet to pick up with the issues and relationships such as the one which just ended for you cause. Generally, whoever to show that they all nor purchased a piece of property will prevail.
Answered on Apr 05th, 2013 at 1:31 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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What did the property settlement say? That would control. If the two of you were not married, then tell him you will sue for trespassing and call the police for his breaking and entering. If you are in the middle of a divorce, talk with your attorney about it.
Answered on Apr 05th, 2013 at 1:01 AM
NO, assuming that you can prove the expenses were paid by you for the appliances he can't remove them. I suggest that you send him a letter to protect yourself in case of a lawsuit, and change the locks. You might also want to get a temporary protective order from the Family Court against him.
Answered on Apr 05th, 2013 at 12:36 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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It doesn't really matter how they were paid for, if they were purchased during marriage, they are presumed to be community property and the divorce court should divide it up. Until that happens, you have exclusive use and possession of them, so he cannot just come and get them.
Answered on Apr 05th, 2013 at 12:28 AM