Legal Question in Civil Litigation in Virginia

My parents gave me some land and I built a cabin on the land in which is in my name and my girlfriend who loved with me for two years rent free bought a sink and some fans and now that she are split she is demanding that I give her the sink and fans back that are hardwired in the home. Does she have a legal right to these thing? We live in Virginia and everything was verbal. The cabin and land is in my name only.


Asked on 8/14/17, 6:18 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

When "fixtures" are attached to real estate, they become part of the real estate. For example if someone brings in a bookcase and it sits there free-standing it remains "personal property." But if it is installed into the wall, it is -- by law -- transformed into part of the real estate.

For obvious reasons -- the disruption that would occur from pulling a "fixture" out of the wall or out of a building is part of the legal reason that it is part of the building. However, this is not just practical. This is the standard legal rule.

However, your former girlfriend may be entitled to reimbursement for those items. If you "cannot" (practically) or don't want to rip them out of the building and return them, that does not mean she can't get reimbursement for them.

If the items can't be returned (without tearing up the building) then the dollar value would normally be paid to the person.

Whether this needs to be paid or not would depend upon whether under all the circumstances it looks like a gift or if she intended the items to belong to her and be kept.

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Answered on 8/14/17, 6:30 am


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