Legal Question in Civil Litigation in Michigan

Can I get an antique back from my sister who had it while I was away for 4 months. I did not give it to her, my husband at the time did.


Asked on 8/12/10, 6:45 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If the item was owned by you and not owned by your husband, then he did not have the legal right to transfer ownership to your sister. Only the true owner can grant ownership to another party. If the item was owned as marital property (purchased during the marriage with joint funds) then he also did not have the sole right to transfer this to your sister. Providing that your sister was not the innocent and bonafide "purchaser in good faith" of this item, from a dealer who dealt in goods of this nature, then you should not have a problem retrieving the item. It may take a court order, but if the item is valued at less than $5000 you can do this through small claims court. If you want to improve your chances of getting the item back, in original condition, see a general practice attorney. Sometimes a letter from an attorney has a way of making the situation very clear for sisters like yours. You may want to include a claim against your (ex?) husband, as he is also liable for depriving you of your property.

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Answered on 8/17/10, 7:08 am


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