Legal Question in Civil Litigation in Florida

I cohabited with my partner for 8 months. While living together we accumulated purchases together; IE: kitchen bar set, furniture, bath sets,etc. During the 8 months i was later deployed out to sea; therefore,money was taken from my personal account and transfered to my partners account to make payments on the household purchases. Before i left for deployment, we went to purchase a plasma television on her credit card which was understood to be purchased for me with understanding that i would be making the payments with my money. While out to sea, my partner was arrested on child abuse charges against my daughter and now we are no longer legally able to live together.I have moved into my own place and the only thing that i have taken from the old house was the tv that i paid for with my money.She has served 6months in jail and is now on house arrest. Since she's been home she has been requesting that i return the television that was purchased on her card but paid for with my money. Does she have a right to keep everything that was purchased together? I have bank statements showing money transfers from my account into hers but no receipts for proof of purchase of anything. The only thing that i want is the tv that i solely paid for.Who has the right to the television? ( sorry not sure what law this falls under)


Asked on 10/07/09, 12:51 am

2 Answers from Attorneys
Eric Friday Law Office of Eric J. Friday

It is not than simple. She purchased it, but you made the payments for her on her card or gave her money for it? Can you prove those payments or transfers? If so you could probably win a lawsuit. If she wants the TV back she will have to sue you, not for the TV but for the amount of damages ie. the value of the TV. If you can show you already gave that money to her for that purpose you could probably win. Also a lawsuit by her opens the possibility that you might ask for an equal distribution of the property.

If she foes file suit, feel free to contact me.

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Answered on 10/07/09, 8:35 am
Sarah Grosse Sarah Grosse, Esquire

The simple answer is "no" she does not get to keep everything that you all purchased together. However, you have some complications here. First, she was caring for your child, so money you deposited in her account could (or should) have been used to pay for the child's housing, food, clothing, etc. You may not be able to show that the money you gave her was for a TV and not for care of your kid. However, as you are in possession of the TV, she will have to sue you and prove her case. You will not have to give her the TV back, but may have to give her back the money she claims she paid for the TV. In court, evidence is needed, and while testimony is important, "he said, she said" is not going to carry the day.

Email me if you need further clarification. (P.S. You chose exactly the right area of law.)

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Answered on 10/08/09, 8:17 am


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