Legal Question in Family Law in Maryland

A man lived w/me for 8 yrs, happened to be a retired lawyer. I asked him to leave. He took with him about $2500 worth of jewelry that he had given me over the years as bday gifts. Are they legally mine or can he take them back. Also, he left some of his belongings, some paintings worth about $3000. Of course, he wants them back. If they are left in my house do I legally have to give them back to him? I'm willing to exchange my jewelry for his belonging, what's the law.


Asked on 10/26/09, 3:36 pm

2 Answers from Attorneys

Paula McGill Attorney at Law

An unconditional gift is irrevocable. In essence, the law may consider it a theft. One way to handle it is to file a complaint against him with the police. The police may not want to get involved. At that point, you may have to sue for the return.

If those paintings are his, he is entitled to their possesion. You may consider having a friend or family member conduct the exchange. Otherwise, you may want to hire a lawyer for the exchange. However, because of the small value of the jewelry and the paintings, having a strong intermediary (family member or friend) may be a better option.

(Licensed in Maryland and practicing in the Baltimore and Maryland/DC suburbs.

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Answered on 10/31/09, 8:26 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Sounds like a school question but the answer is possession is 9/10th and the rest is a legal battle.

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Answered on 11/02/09, 11:47 pm


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