How to get an ex to return personal property?

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How to get an ex to return personal property?

I want to know if there is anything legally that I can do to get my property from an ex-girlfriend’s house. We broke up and it ended badly. She has my beds; also her father’s name is on the title of my vehicle. She has power of attorney over her father’s affairs and she refuses to transfer title over to me. The beds were a gift to me from my mother and father and she refuses to give them up. The clothes and other belongings I don’t care about. What can I do to get the title signed by her and get my beds out of the house. She says if I try to come pick them up she will call the police

Asked on October 18, 2010 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If the father's name is on the title of "your" vehicle, it is his vehicle. If you've made all the payments, keep it up, etc. you may be able to establish an equitable  right in the vehicle and at least get some compensation for it, though that will be uphill--you're starting from the fact that the car is in his name and is legally his.

2) If the beds are yours, she can't keep them. If they were gifts to her, such as from you, they are hers and you can't get them (once a gift is given, the recipient does not have to give it back); if they were gifts to the two of you, you has 50% ownership. The problem may be proving that the beds were not gifts to her--if they are in her house, then it's not unreasonable that they were given to her. The evidence is, at least at a glance, probably more on her side than yours.

Yours is not a simple situation. You should speak with an attorney about what to do, bringing with you all evidence you have of ownership, of payments made, etc. in relation to beds and cars; bear in mind, though, that with her having possession of the beds and her fathers name on the car, you are starting from a significant disadvantage in proving they are yours.


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