Is possession really 9/10 of the law?

[HerVoice]

What is the name of your state (only U.S. law)? Ohio

This is probably not where I am supposed to post this question, but I couldn't find any area where it would fit.


Say you move in with your boyfriend. The lease is in his name, but some of the other bills are in your name. You move out of the home, and 30+ days later, you realize that you left something behind that is very sentimental to you - it's not something you saw every day, and because of the stress of moving out and fighting with the ex over every little thing, you simply forgot to take the item with you.

Now, you have realized what you have forgotten, and tell the ex that you would like to come pick the item up. He pretty much tells you to f-yourself, informing you that possession is 9/10 of the law, and you have left the item there for over 30 days.

Because you are still getting mail at that address, and because there are still a couple of bills in your name, does this give you any legal recourse to go retrieve your belongings?

 

[Zigner]

It's not your place any more - you moved.

Offer $.

 

[LeeHarveyBlotto]

Are you contending that an item left behind somehow becomes the property of the ex?

 

[Zigner]

Are you contending that an item left behind somehow becomes the property of the ex?

No, I'm contending that the OP has no inherent right to barge in to somebody else's residence because she feels that something in the house belongs to her. I'm also contending that an item of sentimental value likely has no actual value to form the basis of a law suit. I'm also contending that the most expeditious route to retrieving the item would be to offer money in exchange for the item.

Do you disagree with those contentions?

 

[LeeHarveyBlotto]

No, I'm contending that the OP has no inherent right to barge in to somebody else's residence because she feels that something in the house belongs to her. I'm also contending that an item of sentimental value likely has no actual value to form the basis of a law suit. I'm also contending that the most expeditious route to retrieving the item would be to offer money in exchange for the item.

Do you disagree with those contentions?

I disagree with the contention that the OP intended to "barge in", which is in direct conflict with the phase "would like to". I also disagree with with the assumption that something of sentimental value is necessarily without monetary value.

I further disagree that without additional information, that this situation falls exclusively in the realm of civil law.

 

[Zigner]

I disagree with the contention that the OP intended to "barge in", which is in direct conflict with the phase "would like to". I also disagree with with the assumption that something of sentimental value is necessarily without monetary value.

I further disagree that without additional information, that this situation falls exclusively in the realm of civil law.

I see that you don't disagree that the most expeditious way for this to be resolved is for the OP to offer money

 

[HerVoice]

More information....

My daughter moved out of the apartment she shared with her boyfriend. They were together when they rented it, he was the signer on the lease, and she listed on the lease as a household member. The item she forgot is her daughters crib. The boyfriend has a son who is less than a year old, and he only has the child for 9 hours a week, and not overnight. He has no reason to keep the crib from her, other than to be a jerk.

She had allowed him to borrow the crib when he wanted to set up a room for his son before he went to court for custody. The bedroom was decorated and fully set up for a baby ... but she never went into the room because at that time, the boyfriend didn't have visitation with his son - he did not go to court for that until after my daughter moved out. He tried to keep other items from her when she moved out, and it was emotionally draining for her to fight with him constantly - she told me she just honestly forgot that the crib was still there.

 

[Zigner]

Isn't it nice when we get all the information up-front...?

Tell daughter to go get her crib...with the police on-hand, if necessary. If that is not successful, then she can offer him money in exchange for the crib, or simply purchase another. She could also sue in small claims court for the (depreciated) value of the crib.

 

[HerVoice]

That's just it...she wants to know if he is legally required to give her back her belongings. She has spoken with deputy already, and was told that a deputy would go with her, but that was no guarantee that she would be leaving with the crib.

She just wants to know her legal rights. We're looking for answers to the definition of "abandoned property" in the state of Ohio, and if there is a time limit before something can be considered abandoned, but all I can find is between a landlord/tenant - not boyfriend/girlfriend.

Also, we are wondering if there is some kind of loophole that would allow her to enter the residence since her mail still goes there and 2 of the bills are still in her name.

 

[Ohiogal]

That's just it...she wants to know if he is legally required to give her back her belongings. She has spoken with deputy already, and was told that a deputy would go with her, but that was no guarantee that she would be leaving with the crib.

She just wants to know her legal rights. We're looking for answers to the definition of "abandoned property" in the state of Ohio, and if there is a time limit before something can be considered abandoned, but all I can find is between a landlord/tenant - not boyfriend/girlfriend.

Also, we are wondering if there is some kind of loophole that would allow her to enter the residence since her mail still goes there and 2 of the bills are still in her name.

It is the same as landlord tenant however how can your daughter prove that the crib is hers? She can sue the bad guy in small claims court. She also should not have any of the bills in her name and should forward her mail to her new address.

 

[Zigner]

That's just it...she wants to know if he is legally required to give her back her belongings. She has spoken with deputy already, and was told that a deputy would go with her, but that was no guarantee that she would be leaving with the crib.

She just wants to know her legal rights. We're looking for answers to the definition of "abandoned property" in the state of Ohio, and if there is a time limit before something can be considered abandoned, but all I can find is between a landlord/tenant - not boyfriend/girlfriend.

Also, we are wondering if there is some kind of loophole that would allow her to enter the residence since her mail still goes there and 2 of the bills are still in her name.

The "loophole" would seem to be that she's listed as an occupant on the lease. If that's been changed, then she's out of luck. Do as Ohiogal said.

 

[HerVoice]

I actually bought the crib as a gift for my firstborn grandchild, and I do still have the receipt.

As far as the cable bill that is in her name, she called the cable company and asked if they could put it in the ex's name and she not get the early termination fee. The cable company said they could only do that with his permission (obviously) and that all she had to do was do a 3-way call with them. He agreed to that, but then is never available when she wants to make the call. She really just needs to cancel the service and pay the early termination fee and chalk it up as a learning experience. The issue of the crib just really upsets her, as it is sentimental for her in that her firstborn baby slept in it, and that it was a gift from grandma and grandpa.

 

[Zigner]

I actually bought the crib as a gift for my firstborn grandchild, and I do still have the receipt.

As far as the cable bill that is in her name, she called the cable company and asked if they could put it in the ex's name and she not get the early termination fee. The cable company said they could only do that with his permission (obviously) and that all she had to do was do a 3-way call with them. He agreed to that, but then is never available when she wants to make the call. She really just needs to cancel the service and pay the early termination fee and chalk it up as a learning experience. The issue of the crib just really upsets her, as it is sentimental for her in that her firstborn baby slept in it, and that it was a gift from grandma and grandpa.

At this point it sounds like she may have gifted it to the guy to use for his child. It's not yours, so whether or not you bought it is irrelevant.

 

[HerVoice]

At this point it sounds like she may have gifted it to the guy to use for his child. It's not yours, so whether or not you bought it is irrelevant.

I was responding to the question I was asked about if my daughter could prove that the crib is hers. Yes, she can, as I have the receipt showing that I purchased it.

 

[Zigner]

I was responding to the question I was asked about if my daughter could prove that the crib is hers. Yes, she can, as I have the receipt showing that I purchased it.

That doesn't prove that she didn't gift it to the guy...I mean, why else would she set it up for HIS child to use? My prior answer on this stands.