Legal Question in Real Estate Law in California
Who has Posession?
About 2 years ago I moved into my girlfriends apartment and we recently split up. She let me get most of my stuff after she went through it of course and took what she wanted. While I was living with her I had bought a computer over the internet with my own money, and about a year after I bought a printer. I also brought a almost new refridgerator in to her apartment. My question is can I legally sue in small claims to get my stuff back. I have all receipts, But she is saying posession is nine tenths of the law?
Thank you,
Steve
2 Answers from Attorneys
Re: Who has Posession?
typically possession would only be in her favor regarding the law, if you did not have any substantive proof that you owned the property at issue. however, since you have receipts showing you paid for the items in question, you should easily prevail in small claims court. if you would like further legal assistance or help in preparing your case and claim, feel free to email me today with more specifics.
Re: Who has Posession?
Sounds like you'll have to sue her--the possession argument wouldn't work very well unless she could show it was a gift from you to her. Receipts in your name would be very helpful.
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