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Parents Claim Adult Child Took Property That Belonged to Them When Moving Out

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  • 03-03-2014, 08:56 PM
    mrratnip
    Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    My question involves criminal law for the state of: Michigan

    Going to make this as short and sweet as possible. I recently moved out of my parents house (I am 24 years old), and you could say that I didn't really leave on either good or bad terms. Basically, my dad was a pill addict, controlling freak that tried to hold me back most of my older life. I got tired of it and wanted to make a new path in my life, a successful one where I wasn't held back any longer. So with a lot of courage and strength I moved out while him and my step mother were gone for the day (which rarely ever happens). I only took everything that belonged to me, and of those things included furniture and a phone they had bought me a few years ago.

    When they had returned home, they came home to their sons empty room completely oblivious all along that I was planning on leaving. I feel this was my best option (not telling them I was leaving) as it would only make things harder in telling them. However now as to be expected, both my dad and step mother have been harassing my girlfriend and friends through text/phone calls demanding that I give back what they gave me a long time ago (phone and a recliner).

    Im pretty sure there is nothing they can do about it legally with the cops but I just want to make sure. I myself am going to school to be a police officer but I am still learning the ropes. Is there anything the police can do to me legally or can they do nothing? My parents told my friends/girlfriend that if I dont return those items, they will contact the police.

    Thanks, Ryan
  • 03-03-2014, 09:02 PM
    Mr. Knowitall
    Re: Is it Theft for an Adult Child to Take Everything from His Room in His Parents' H
    What evidence do you have that your parents gave you the items, rather than simply letting you use them while you lived in their home?

    I doubt that the items are worth much. Why are you making a big deal out of it, rather than giving them back the chair and phone?
  • 03-03-2014, 09:06 PM
    mrratnip
    Re: Is it Theft for an Adult Child to Take Everything from His Room in His Parents' H
    I guess you could say that, but couldn't I also say what evidence do they have that those are their items?

    The reason I am making a big deal are those things are mine that they gave to me as a gift a few years back, they are simply trying to harass me and "get the last laugh in". I use the phone obviously quite a lot and for work related uses, the recliner is just something ive had for years. Theres no reason why I should have to give both back. And quite personally id rather never see them again, its a complicated situation..
  • 03-03-2014, 09:11 PM
    Mr. Knowitall
    Re: Is it Theft for an Adult Child to Take Everything from His Room in His Parents' H
    You have told us that the items were theirs, and that they gave the items to you. Why do you imagine that they would need to do more than agree with your first assertion, while disagreeing with your second?

    In any event, as you are intent on making this break-up with your parents as miserable as possible, you'll do what you want and take your chances.
  • 03-03-2014, 09:16 PM
    mrratnip
    Re: Is it Theft for an Adult Child to Take Everything from His Room in His Parents' H
    Thanks for answering my questions, anyone else actually have answer to my question that doesn't involve judgmental views?
  • 03-03-2014, 09:35 PM
    harrylime
    Re: Is it Theft for an Adult Child to Take Everything from His Room in His Parents' H
    The ball is in your parents' court. Whether they go to law enforcement is up to them and whether law enforcement takes them seriously is up to law enforcement.

    Nobody's going to give you any assurance of anything.

    Tell your girlfriend and friends to put them on IGNORE.
  • 03-04-2014, 04:19 AM
    aardvarc
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    Quote:

    Im pretty sure there is nothing they can do about it legally with the cops but I just want to make sure.
    Your parents are free to both report your taking of the items as a theft to police, as well as suing you in civil court for the return or value of the items. What can the police "do"? They can take a theft report and forward it to the DA's office for criminal prosecution. (Make sure to pay attention in class about what the police do versus what the prosecutor's office does.) If you plan on becoming a police officer, you might want to think very long and hard about how a theft investigation, whether the DA brings an actual criminal charge against you or not, will look when applying for positions. It's STIFF competition out there, and yes, even something as minor as this can mean the difference between getting hired or getting the "thank you for applying" letter in the mail.
  • 03-04-2014, 05:25 AM
    PandorasBox
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    When you leave home, all you can take with you is anything you have purchased. They do not have to give you ANYTHING they purchased for you. Not even your toothbrush.

    So you use the phone a lot - why can't you go buy your own phone? Who is paying the phone bill?

    How can they trace they bought the recliner? If they are like me, they kept a file for credit card bills.
  • 03-04-2014, 05:29 AM
    Disagreeable
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    Really you decided to become an adult at 24 and move out of mommy and daddies? Give them the phone and recliner and stop playing games.
  • 03-04-2014, 06:15 AM
    budwad
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    Or offer to pay them for the phone and recliner and get a receipt.
  • 03-04-2014, 06:42 AM
    llworking
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    I really disagree with everyone here...gifts are not the property of the giver, they are the property of the receiver. If mom or dad came here complaining that their 24 year old moved out and took things with him that they had given him as gifts would we be telling them to call the police?
  • 03-04-2014, 06:51 AM
    PandorasBox
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    I only took everything that belonged to me, and of those things included furniture and a phone they had bought me a few years ago.

    But....every parent buys their kid things like a bed, dresser.

    I don't see the word "gift" in here.
  • 03-04-2014, 07:36 AM
    Mr. Knowitall
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    Quote:

    Quoting llworking
    View Post
    I really disagree with everyone here...gifts are not the property of the giver, they are the property of the receiver. If mom or dad came here complaining that their 24 year old moved out and took things with him that they had given him as gifts would we be telling them to call the police?

    The issue is not that mom and dad gave junior gifts that they want to take back. The issue is that junior took property that his parents purchased, that they contend remain their property, and that only he claims are gifts.
  • 03-04-2014, 12:49 PM
    llworking
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    Quote:

    Quoting Mr. Knowitall
    View Post
    The issue is not that mom and dad gave junior gifts that they want to take back. The issue is that junior took property that his parents purchased, that they contend remain their property, and that only he claims are gifts.

    Well, then its going to boil down to who is the most credible. I think that the phone would be pretty obvious as a gift. The recliner...who knows?
  • 03-04-2014, 01:40 PM
    aardvarc
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    That's why we have judges. But the point we're trying to make to the OP is that just because his parents provided USE of an item doesn't mean that they gave OWNERSHIP of the item, and that if the parents are willing to pursue the matter, they have avenues via both criminal and civil courts to do so. If he's got evidence that HE PURCHASED the items, that's his only shot at a slam dunk. If the parents can prove they purchased the items, then unless he's got photos of himself unwrapping them as gifts, the parents have better chance of prevailing. MIGHT the OP prevail? Certainly! But the OP might also LOOSE, and if seeking a career in law enforcement, ANY criminal complaint is going to muddy the waters for his future. If he doesn't have the judgment to be able to understand that aspect of the situation, then perhaps a career carrying a gun and needing to make judgment calls isn't for him.
  • 03-04-2014, 03:07 PM
    Mr. Knowitall
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    Quote:

    Quoting llworking
    View Post
    Well, then its going to boil down to who is the most credible. I think that the phone would be pretty obvious as a gift. The recliner...who knows?

    I don't think it's at all obvious that a phone is a gift. That argument would be more compelling, though, if mom and dad weren't paying the cell phone bill.
  • 03-06-2014, 01:41 PM
    mrratnip
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    I didn't steal anything these items belong to me now, they were given to me as I gift years ago. If you gave someone something as a gift for say their birthday and they used it for years, would you expect it back? And even if you did expect it back, its to late now, that was a gift you chose to give that person. You are right, it would be easier to just give those things back, but they have been putting me down and taking from me most of my whole life, and I'm tired of them thinking they can control me when they cannot anymore. Also, my dad has left my girlfriend very vulgure voice mails demanding those items back and still rent payment, even though I signed no contracts what so ever. I was simply living in the house contributing my part. He told her if I don't give the items back and pay rent still even tho I'm not living there anymore, he will continue to harass us.

    Another thing, yes he could take me to court and try to sue me, but he has no evidence or proof of anything or has the money mind you.

    I hate to say it, but my dad is a pretty trashy person, which is exactly why I left.
  • 03-06-2014, 02:17 PM
    Mephis
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    The phone I can understand, if it is paid for, if they bought it for you as a gift, and you are the one paying the bill for it.
    The furniture on the other hand is more difficult as I would view it as a residential fixture, in other words just because you sat on the couch more than they did or used the recliner more often it does not transfer ownership to you.

    You say you want nothing to do with them anymore then give the items back and wash your hands of them. If he wants to claim you owe rent then tell him to sue you and stop calling.
  • 03-06-2014, 02:18 PM
    Mr. Knowitall
    Re: Parents Claim Adult Child Took Property That Belonged to Them When Moving Out
    As you have been repeatedly told, if your parents take action, you are free to try to convince the police or court that your parents are lying and that the items are gifts. Nobody here can promise that they'll believe you.
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