Legal Question in Real Estate Law in California

Abandoned property for 1 year:

Approximately 14 months ago a girlfriend and I who were both living together, broke up. She was informed to take her personal belongings and she did upon leaving and left several articles of personal property (clothes, shoes, pictures of family) of which she informed me to throw anything of hers away that she did not take. There was also a refrigerator that was given to us as a gift from her father. The fridge was also left here with no attempt to re-claim it. I have been using said refrigerator for the entire time it was left here and now she is wanting it back. Does she have any legal right to claim ownership and remove it from my home? Also, if she does do I have any rights to charge her storage fees for having it here for 14 months?


Asked on 10/25/09, 11:34 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, she is still the owner of the refrigerator. Authorizing you to throw her property away is not the same as making you a gift of it. Also, I doubt that any court would award you storage charges. You are not a bonded warehouse entitled to charge for storage, and what's more, you have had the use of it. More likely, a court might determine that you should reimburse her for the fair value of your use of it.

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Answered on 10/31/09, 12:04 am


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