Is possession really 9/10 of the law?

[HerVoice]

I was not arguing with your response - simply pointing out that I was asked a question and I answered it. OhioGal must have thought there was some relevance, or she would not have asked the question.

 

[LdiJ]

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.

People loan stuff like that to other people all the time. Its not considered a gift if its a loaner.

 

[Zigner]

People loan stuff like that to other people all the time. Its not considered a gift if its a loaner.

It's not what you know, it's what you can prove. She LEFT the crib there when she moved out. She waits a month and then says "oops". As was said above, she'll need to prove her version.

 

[packman]

To the OP.

I would just go in there sometime when he's not there and take it. He can of course claim that you trespassed, however the fact that some of the bills are still in your name will be a very good defense that you have had permission to go in there. Whether or not your name is on the utility bills is often how official agencies determine residency.

Did he change the locks?

No judge will take his side when you say you went into a house where you pay the utilities and took an item that you brought into the relationship.

 

[CdwJava]

But, she abandoned the residence 30+ days ago. It's likely that under the law she is no longer a resident. Her name might be on the lease, but she may not be considered a resident any longer and if she enters without permission it might be considered trespassing, and taking something from inside might be considered burglary.

If she intends to go and get something, it might be best to have a police escort. If the ex refuses to turn over the crib, then she can take him to small claims court and let a judge decide whose crib it is.

I have seen people get burned when they try to recover their property by barging into a place where they no longer reside. Though, the OP's state may have different interpretations of this so she might want to speak to the police or to an attorney before she takes action that could end up with her going to jail.

 

[packman]

It can obviously go either way in a court of law. Especially in small claims court...the judge can pretty much do as they like.

In the case of lovers squabbles over property, the police are very unlikely to get involved under such murky circumstances. She has a valid reason to believe she can enter the premises without his permission;

1) She pays the utilities
2) Her stuff is in there

Until both of those are remedied, it would be difficult for him to argue that she criminally trespassed. He's obviously happy to take her money for the utility bills. What is the police report going to say? "My ex-girlfriend came into a house that she pays the utilities bills on and stole a crib that belonged to her!" The officer will say; "sounds like a civil matter." Let's say he's spiteful and wants to go to court over that. The judge will laugh him out of the courtroom most likely.