Legal Question in Civil Litigation in West Virginia

Re: live-in boyfriend took everything

When someone who has lawful possession of property refuses to return the item(s)he has converted the property. It is not larceny such as could be prosecuted as a crime, but is a tort for which the true owner would have a cause of action to sue for damages. The trier of fact (judge or jury) must first determine the intent of the parties at the time of purchase. In other words, what was your intent and his intent as to who the owner of the property is. It is possible, of course, that the item was charged to one person's card with the intent to give it to the other. The problem of jurisdiction is more difficult. A lawyer should be consulted at least for the purpose of determining where the suit should be brought and how service of process could be obtained. If a person owns property and knows where it is, that person has the right to make demand of whoever has possession for its return. In fact, the person, including any company holding the property could be sued for the possession. Depending on the residency of the person or persons who hold the property, the circumstance could resolve the jurisdiction and venue issue.