• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Age of Majority and Personal Possession rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
T

thejamesman

Junior Member
Nebraska

Hello, Im a resident of Nebraska, and I turn 18 this month. I am having some parental problems, and was wondering -

Firstoff - Can they legally take possesion of my things, and sell them?

Secondly - Once I'm Eighteen, Can I take my things back?

My father is threatening to take everything I buy and call my manager and terminate my job. I have found many things online dictating "Age of Majority", but very little about my personal property rights.

Also - Emancipation -

How would I go about it?
 


H

HomeGuru

Senior Member
thejamesman said:
Nebraska

Hello, Im a resident of Nebraska, and I turn 18 this month. I am having some parental problems, and was wondering -

Firstoff - Can they legally take possesion of my things, and sell them?

**A: yes, and a garage sale or ebay should work.

**************

Secondly - Once I'm Eighteen, Can I take my things back?

**A: not if they are already sold.

**************

My father is threatening to take everything I buy and call my manager and terminate my job. I have found many things online dictating "Age of Majority", but very little about my personal property rights.

Also - Emancipation -


**A: yes, what is your proclamation? DO you have a job? Are you still in school?

****************

How would I go about it?
Click to expand...

**A: consult with a family law attorney.
 
T

The Occultist

Senior Member
HomeGuru, can OP really get "his" things after he turns 18? I mean, are any of those things actually his? I've always been under the impression that when he turns 18 he won't actually own anything, except what his parents generously allow him to take with him when he leaves.
 
H

HomeGuru

Senior Member
The Occultist said:
HomeGuru, can OP really get "his" things after he turns 18? I mean, are any of those things actually his? I've always been under the impression that when he turns 18 he won't actually own anything, except what his parents generously allow him to take with him when he leaves.
Click to expand...
**A: the answer is yes and no.
 
quincy

quincy

Senior Member
I believe in Nebraska the age of majority is not 18 but 19, unless you are married, or join the armed forces. So until you turn 19, you do not have full civil rights. I know nothing about property ownership of minors.
 
H

HomeGuru

Senior Member
quincy said:
I believe in Nebraska the age of majority is not 18 but 19, unless you are married, or join the armed forces. So until you turn 19, you do not have full civil rights. I know nothing about property ownership of minors.
Click to expand...
**A: personal property of minors belong to the parents or legal guardians.
 
Zigner

Zigner

Senior Member, Non-Attorney
HomeGuru said:
**A: personal property of minors belong to the parents or legal guardians.
Click to expand...
Actually, if something is given to the minor, than the parents are considered to be holding it in trust for the minor. I imagine one could sue the parents for breach of certain duties...but is it worth it?
 
T

TinkerBelleLuvr

Senior Member
Do parents have the right to take items purchased by the child that they purchased with monies from their job?

Also, when we give gifts, do they NOT belong to the person to whom we gave the item?
 
T

thejamesman

Junior Member
The "Things" im talking about were my own personal purchases I got from working and earning money in my own name.

Surely they cannot TAKE my things I've acquired, If I've been working and having taxes taking out.
 
O

Ozark_Sophist

Senior Member
thejamesman said:
The "Things" im talking about were my own personal purchases I got from working and earning money in my own name.

Surely they cannot TAKE my things I've acquired, If I've been working and having taxes taking out.
Click to expand...
Have you been paying rent? Utilities? Sharing in the cost for food?

Yes, they could. So play nice--at least until you get your own place.
 
T

thejamesman

Junior Member
Play nice?

We're not talking about an upset 14-year-old who got his bike taken away. We're talking about a soon-to-be-eighteen guy who keeps having his parents take away his possesions as soon as they enter the house.

Now surely there's a better solution than "Sit down and take it"
 
quincy

quincy

Senior Member
You could use the money you earn to rent a storage unit to keep all of your purchases in until you turn 19. :)

I think it is horrible that a parent would sell a kid's possessions. I cannot imagine having a parent like that. Unfortunately, getting a court to declare you emancipated is tough - you must show that you can financially support yourself entirely, without the assistance of your parents, and the parents generally have to approve of the emancipation or a judge will not authorize it. In other words, you are pretty much stuck, I think.
 
A

AlanShore

Member
Ginny J said:
Do parents have the right to take items purchased by the child that they purchased with monies from their job?

Also, when we give gifts, do they NOT belong to the person to whom we gave the item?
Click to expand...
Yes and No. The question in the case is can he prove this stuff belongs to him. Reciepts, etc. Can he get witnesses to say that they gave him certain things as gifts, etc. He would have a very reasonable case in court if he has some evidence. He would most likely win.
 
T

thejamesman

Junior Member
My parents recently took my 1200$ laptop - Which I have been LONG earning for. I dont have the receipt - But on Dell.com it is registered to ME. I could ask them for an invoice showing that I paid for it.

How about this - While a very aggressive, and rebellious thing to do - What could they do if i stole it back?

My father currently uses my Xbox to watch his videos, and lets my little brothers play on my laptop (I have touched neither.)

Im considering stealing it back - and Hiding it.

My mother says he is going to sell my laptop
 
T

The Occultist

Senior Member
Hmm, a story from a long time ago is trying to creep into my mind. I don't care to research it further, but some of you might. It has to do with a semi-famous young gymnast. I believe she was in the Olympics? Anywho, she was making some good money, and it was put into an account as part of her college fund or somesuch, and her parents kept dipping into it, and she was able to successfully sue them, still as a minor, I believe, and get everything back.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top