Legal Question in Real Estate Law in California

My husband and I separated last year. He stayed in the house. I was unable to take all of my things at the time. A few months later he was arrested. While in jail, he asked his sisters to put everything in the house in storage for him so the house could be rented. His sisters ended up taking what they wanted to their own homes such as appliances (refrigerator, stove, microwave), ceiling fans and numerous other things that belonged to me and my husband. We have tried numerous times to get our things back from them but they refuse to do so. We know for a fact they have them because we have seen them in their homes. What can we do? Should we file a stolen property report or sue them? Can the police help us?


Asked on 9/21/11, 4:37 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

You can do both; however, the police may or may not be of any help. You can potentially sue them for conversion; meaning that they have take property you have the right to possess and are refusing to return the property. Your remedy may include recovering the property, the value of the property, and possibly your attorney's fees for having to sue them. You should visit an attorney in your area to further discuss your options.

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Answered on 9/21/11, 4:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

To some extent, the right answer depends upon one or more of the following: (1) Is your husband out of custody now? (2) Are the two of you able to cooperate on legal efforts to get the property back? (3) How far away are the sisters' homes from yours, and from each other? (4) What excuses or justification do they offer for their behavior? and finally (5) What is the total dollar value of the property taken?

I too am not sure how interested the police would be. They have thin forces and lots of violent crime to worry about. They are likely to dismiss this situation as "a civil matter" for the relatives to work out (I'd say they'd be wrong, but what can you do at that point?).

Filing a complaint for conversion - the civil equivalent of the crime of theft, more or less - may be a viable alternative. It's very likely the mere filing and service of the suit would result in some kind of settlement offer, such as return of the property. However, in filing such a suit, you'd need to be mentally and financially prepared to litigate it to conclusion, if necessary.

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Answered on 9/22/11, 9:23 am


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