Legal Question in Family Law in Texas
property aq
I have a huge aquarium that belonged to my ex-boyfriend in my home, we have had it for 2 years. i have been the one doing the up keep on it, and have spent quite a bit of money for the fish, pump, etc. My ex and I are friendly with each other, and he wanted me to keep the aquarium in the house for our son. However, his mother has been calling me daily claiming that the aquariumm is hers and she is going to come pick it up, and if I don't let her she will call the police. I asked my ex about it, and he said the aquarium is his and not to give it to her. Does she have the right to bring the police over and take the aquarium, and if so, can I hold it until I am paid for the money I have put into it?
1 Answer from Attorneys
Re: property aq
I don't know where you live but the cops in Houston, Texas don't have time to come out and deal with fish tank issues.
Also, does she have a receipt for that particular tank?
Even with a receipt, if she gave it to her son as a gift, then she gave up ownership rights to the tank. A gift is no longer the "givers" property once the gift has been given.
Even if she has a receipt, does she have a receipt for everything IN the tank?
Small claims court would be a better place for this issue to be handled.
If the cops come to your door, you are not required to let them or her into your home unless they have a search warrant.
Of course, if the cops insist on giving her the fish tank, what are you going to do with the fish, equipment, rocks and other stuff in the tank. If it's a really large tank -- it could be a nightmare!
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