My ex-boyfriend and I lived together in MY home (with my children) from November 2015 to March 2016. During that time he purchased things for the home (i.e lawn mower, tv, bbq grill, a later canceled vacation). I asked him to move out in March (hence the vacation we agreed to cancel) and he took up a separate residence thus we had a live-out dating relationship. We ultimately broke up permanently on 5/11/16 once he became belligerent with me in my home and I sternly asked him to leave. At that time he hadn't any personal property at my home; i never considered household items as personal property as they were given to me to support household maintenance. I refused to date him any more. On 5/18/16, he filed for a warrant for detinue for the items purchased for the household.
I like your notion that they were "gifts", but that is unclear. To consider them abandoned Buy him might result in a determination that the property was his to begin with. Whether either of you can build a case that convinces the court one way or the other none of us could possibly know.
Since many attorneys offer free consultations, why don't you chat with one in your area if you cannot come to an amicable agreement with your ex.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Dear Locust Grove - It seems that you are interpreting his purchases as gifts to the household, while he is considering them as purchases for himself - that were used at your house while he lived there. It is likely that - since there was no agreement that he was buying the items for "the household," - then they are his. Note that the "household" can NOT own property - only you or he can own them. I think that he will likely win in court - take care.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline