Legal Question in Family Law in Ohio

A 17 year old in emotionally abusive household wants to move out when reaching 18. She was told that she owns nothing, including her clothes, and will be charged with theft by parent if she removes anything from the house, including her clothing, personal possessions, gifts from friends, etc. Is this legal, or does she haven any ownership rights? She lives in Ohio


Asked on 2/08/12, 9:55 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, if someone gives something to another with the intention at the time to make it a gift (like the clothing) then it could be argued that this gift became the property of the child at that point. You can't revoke a gift. It was either a gift from the giving or just a loan. I think that most prosecutors would scoff at a parent who tried to bring criminal charges against a child for wearing clothing out of the house that he or she was leaving.

Perhaps the safest way to proceed if you are nervous about this would be to go buy some clothing at a second hand store or a garage sale and keep the receipts in a safe place.

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Answered on 2/18/12, 8:29 am


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