Legal Question in Real Estate Law in California

property

I have a restraining order on my X boyfriend back in Dec 2005 (domestic violence) we did live together in MY HOUSE. I have given 3 notices to have him get his property out. 3 months + have gone by, when does the property become mine to do with as I please?


Asked on 3/12/06, 9:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property

What makes you think it would EVER become yours?

California statutes on what happens to property left behind are pretty vague. In the case of a tenant's belongings, the law is clear, but in all probability this is not a landlord-tenant situation.

There are some statutes on the books that say abandoned property escheats to the state. I doubt that these laws are often observed with respect to household goods, etc. left behind by a moved-out or tossed-out ex-boyfriend.

I'm going to guess that the most practical approach is to consider yourself an involuntary bailee, not for consideration, of the property, and that you have an ever-increasing storage lien on the property.

After a while, your "storage charges" would equal or exceed the fair market value of the property, and you could then consider it yours.

I would caution you to be VERY careful about figuring the relative values of your storage and the value of the property. Give it several years. Remember that in addition to the specific laws about abandoned property, there are statutes of limitations for asserting claims of all kinds.

Another factor to consider is the relative value of the property vis-a-vis the "value" of the storage you are providing. If it is a tiny sack full of flawless diamonds, you better hold onto it for him for the rest of your life. If, as is more likely, it's a cardboard suitcase full of unstylish clothes, fuggedahboutit. In between, use common sense.

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Answered on 3/12/06, 11:50 pm


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