Are Gifts given to me to keep (birthday etc..) legally mine even though im 17?

[iObject1148]

What is the name of your state (only U.S. law)? California
I am currently 17 and living with my mother (Mom and dad have been seperated my whole life). But from ages 13 to about 16/17, i lived with my father. During this era i recieved some gifts. From my dad i recieved a TV when i first moved in as a sort of ("Welcome to your dads house, i hope this helps you like it here") type of gift, given TO ME TO KEEP. Then later on my dad decided to move his New Girlfriend in with us. She gifted me an iPhone, TO KEEP as my phone! I also recieved 2 other gifts that are very very important to me from birthdays, christmas, etc. these were a Laptop (with accessories), a pretty nice stereo system, and an Xbox 360 slim with accessories. unfortunatly somehow when i was at school my Xbox got Stolen. These things are all very expensive and very important to me... excpecially the laptop for many reasons, And they refuse to let me have these listed belongings Because I Dont live at that How anymore. And im not 100% sure they gave to me and not the house. (A Little Sarcasm)

Please help.... i need my laptop for so many important things, including school.

Thank you.

 

[OHRoadwarrior]

You are free to take them to court for the values, if you can prove your ownership.

 

[iObject1148]

You are free to take them to court for the values, if you can prove your ownership.

The Values of what? and how would i prove ownership if i obtained that ownership by me being handed something?

 

[BigMouthWino]

What is the name of your state (only U.S. law)? California
I am currently 17 and living with my mother (Mom and dad have been seperated my whole life). But from ages 13 to about 16/17, i lived with my father. During this era i recieved some gifts. From my dad i recieved a TV when i first moved in as a sort of ("Welcome to your dads house, i hope this helps you like it here") type of gift, given TO ME TO KEEP. Then later on my dad decided to move his New Girlfriend in with us. She gifted me an iPhone, TO KEEP as my phone! I also recieved 2 other gifts that are very very important to me from birthdays, christmas, etc. these were a Laptop (with accessories), a pretty nice stereo system, and an Xbox 360 slim with accessories. unfortunatly somehow when i was at school my Xbox got Stolen. These things are all very expensive and very important to me... excpecially the laptop for many reasons, And they refuse to let me have these listed belongings Because I Dont live at that How anymore. And im not 100% sure they gave to me and not the house. (A Little Sarcasm)

Please help.... i need my laptop for so many important things, including school.

Thank you.

Don't waste your time going to court. You are their minor child. If you worked and earned an income they would be entitled to take your wages. They are under no obligation to let you keep any property in their house that they have purchased. Even if it had wrapping paper on it at one time.

 

[iObject1148]

Don't waste your time going to court. You are their minor child. If you worked and earned an income they would be entitled to take your wages. They are under no obligation to let you keep any property in their house that they have purchased. Even if it had wrapping paper on it at one time.

Makes Since but Im NOT their minor child. my mom has custody. my dad doesnt have any custody of me. and most of my stuff was from his girlfriend raven, and she has no entitlement over me in any way at all. shes not even my step mom... does this information change things?

 

[BigMouthWino]

Makes Since but Im NOT their minor child. my mom has custody. my dad doesnt have any custody of me. and most of my stuff was from his girlfriend raven, and she has no entitlement over me in any way at all. shes not even my step mom... does this information change things?

No, when you were living with them your Dad was your primary guardian and caregiver. If his girlfriend gave you things while you were living with Mom your mother might be able to make a claim for the property, but you still have no rights to do so. I don't see you having any claim to property that you used and was provided to you while you were living with your father and his girlfriend.

 

[iObject1148]

Ok... its getting clearer... but 2 more questions and ill be good!...

Q1 - Civil Code Section 1148 states: A gift, other than a gift in view of impending death, cannot be revoked by the giver.
so this doesnt apply as a right for me because im a minor? And if thats true... when i turn 18 in about 7 months will i have the rights to get those things back then?
Q2 - Would it change things if: 1. I was Gifted my TV on a date before my dad had legal custody or possesstion of me?
2. I Was Gifted Things from my dads Girlfriend before she legally lived at my dads home?

 

[iObject1148]

i know im probably asking stupid/pointless questions but those gifts are expensive, and my mom is on welfare/disability. so i am not going to be able to have any nice things like that untill i get a good job or go to collage for a career. and that will be awhile

 

[Banned_Princess]

Q1 - Civil Code Section 1148 states: A gift, other than a gift in view of impending death, cannot be revoked by the giver.
so this doesnt apply as a right for me because im a minor? And if thats true... when i turn 18 in about 7 months will i have the rights to get those things back then?
Q2 - Would it change things if: 1. I was Gifted my TV on a date before my dad had legal custody or possesstion of me?
2. I Was Gifted Things from my dads Girlfriend before she legally lived at my dads home?

You are still your dads minor child whether or not you live with him.

what do you think you are going to do, call the cops and have them force the return of your stuff? whay will you do when your dad claims to have sold everything.

you are going to have to deal with the loss of the perks of living with your dad and his Gf.

If you knew you were leaving, why didnt you bring your stuff, or have the cops supervise the removal of your belongings. (not that the cops would make your dad give you anything. its a civil matter)

 

[OHRoadwarrior]

The moral here is you are subject to the whims of your parents, until you are an adult. I suspect your going to live with mom, was the result of some disagreement.

 

[iObject1148]

1. Your Wrong - I may be my dads minor child by genetics... but without custody im not his child legally... and this is a legal matter.

2. Calling the cops would be a waste of tax dollars... ownership and custody etc... isn't a police matter.

3. Those Items Were not Perks of being at my dads. They were Given to me as a gift/reward. (transferring ownership from the doner to the donee)
Not to mention i did a whole lot of work for my dads company to earn most of what i stated.
4. Just so you know, your 4th statement contradicted your second statement.

5. This Statement #5 is the MOST IMPORTANT: Your an angery, contradictory, un-educated, and stupid person.
50% of your post was incorrect information... and 0% of it was helpful... u should leave this site immediatly and bring -BigMouthWino- back so this site can stay helpful

 

[iObject1148]

The moral here is you are subject to the whims of your parents, until you are an adult. I suspect your going to live with mom, was the result of some disagreement.

to a degree.... but older minors (16-18) are getting more and more right and always have... and there is alot of loopholes in law

 

[Banned_Princess]

1. Your Wrong - I may be my dads minor child by genetics... but without custody im not his child legally... and this is a legal matter.

That is the stupidest thing I ever heard. Does he pay child support?

2. Calling the cops would be a waste of tax dollars... ownership and custody etc... isn't a police matter.

Its not, its a civil matter and you are a kid.

3. Those Items Were not Perks of being at my dads. They were Given to me as a gift/reward. (transferring ownership from the doner to the donee)

Donee you say.

Not to mention i did a whole lot of work for my dads company to earn most of what i stated.

No you didnt. they were gifts.

4. Just so you know, your 4th statement contradicted your second statement.

The police provide something called a civil standby. maybe their presence would have calmed your dad down to letting you maybe keep the laptop. or not.

5. This Statement #5 is the MOST IMPORTANT: Your an angery, contradictory, un-educated, and stupid person.
50% of your post was incorrect information... and 0% of it was helpful... u should leave this site immediatly and bring -BigMouthWino- back so this site can stay helpful

Yea, cause I give a _ what your tiny teen self thinks. your stuff is gone. get over it. How about you get yor little self a j o b and buy your own stuff. Then you would be able to do something. like have your own stuff.

 

[BigMouthWino]

1. Your Wrong - I may be my dads minor child by genetics... but without custody im not his child legally... and this is a legal matter.

True, but unfortunately as a minor you have very few legal rights to things like property, wages, being able to enter into contracts, etc. that you have when you reach the age of majority (18). I totally understand that this stinks when you're bright, have been through a lot and feel completely grown up, but the law is just a black and white thing that doesn't mold itself to your personality or circumstances but rather that of the general population.

2. Calling the cops would be a waste of tax dollars... ownership and custody etc... isn't a police matter.

Agreed. This is, more than anything, a family matter. Is there some way you can make peace with your Dad and his girlfriend and possibly get them to at least relinquish your laptop, since that seems to be most important to you?

3. Those Items Were not Perks of being at my dads. They were Given to me as a gift/reward. (transferring ownership from the doner to the donee)
Not to mention i did a whole lot of work for my dads company to earn most of what i stated.

Unfortunately the way the law operates you can do work for your Dad's company or even a 3rd party's company and if they want to your parents can take your paychecks. So even assuming this was compensation for work you performed your father is still entitled to take it from you.

5. This Statement #5 is the MOST IMPORTANT: Your an angery, contradictory, un-educated, and stupid person.
50% of your post was incorrect information... and 0% of it was helpful... u should leave this site immediatly and bring -BigMouthWino- back so this site can stay helpful

My all-time favorite part of your post. I've added it to my signature with some emphasis added. This is sure to upset some Senior Members who truly dislike being corrected when they are wrong.

to a degree.... but older minors (16-18) are getting more and more right and always have... and there is alot of loopholes in law

Unfortunately that's not really the case. It just feels like you're getting more rights because you're getting older and learning more about yourself. But over time the rights conferred to those under 18 have lessened, not increased (i.e. there was a time when you could drink at 18, drive a car at 15 1/2-16, etc.)

 

[iObject1148]

1. it may sound stupid but its true... and no... he does not pay a single penny of child support.

2.Its not a Waste of Tax Dollars? or Its not a police matter? which were u refering to?

3. Yes i said Donee... i have a big vocabulary and im sleep deprived right now so cut me a break
Some things were lent to me, some things i helped pay for, some things i was given as a gift, and some things i earned from working. it can
Get Confusing.

4.oh wow... thanks for sharing that info... too bad i didnt talk to u before all this **** happened lol\

5.that all sounds great, but i have school... and ive applied to countless jobs for part-time... but every place wants full time help.

6. sorry for being a dick... im going through a really hard spot in my life and im taking it out on a woman who is trying to help me on a legal website... pathetic..... and i apologize