Shoplifting, Larceny, Robbery, Theft Can I sell it

[itsnotthere]

I wanted to know if I can sell a certain item or items for any value that my ex and I had purchased. She did pay half, but does it make a difference if she wrote checks to Me and paid ME in increments and in return, I paid the bill which was under my name? Meaning she didn't directly pay for those items at the place and time of purchase and NOT all at once. I'm not trying to be unfair, however, she wants to take everything and I'm trying to see what other options I have in case all else fails.

 

[CdwJava]

By "ex" do you mean an ex wife? An ex friend? An ex roomie? An ex lover? What?

In any event, if there is no current court order dividing the property, and she does not agree to your disposing of the property, she can always come after you for the value of the property she says is hers. Then, the two of you could hash it out in court.

It is also possible that she could report you for theft (or comnversion - whatever law your state has for this sort of thing).

I would work it out with her beforehand just to save any future problems. Acting out of spite can get you in a lot of trouble.

- Carl

 

[itsnotthere]

thanks for the heads up Carl. Well it's my ex girlfriend and we're in NY. just so I know, how can she get me in a lot of trouble because everything is in my name and I also paid for half? Why does it always seem like the other person, (her), has more of a right to certain items than the person, (me), who make it possible to attain them in the first place? Another question I have is about a washer and dryer we have together. We split those as well but she wants to take both. PLEASE tell me I can have at least one of them. Seems like an easy one to figure out but who the F knows. One last question. If she sold something on me that be both went halves on, what could I do to get her in trouble? I have this feeling that she'd get away with it even if I did bring it to court.

 

[CdwJava]

just so I know, how can she get me in a lot of trouble because everything is in my name and I also paid for half?

Because she can make a claim for half the proceeds, or ask that she receive the items in exchange for half their value to be paid for you. She might even claim that you gave them to her or that they were hers outright.

Who knows what she might claim?

Another question I have is about a washer and dryer we have together. We split those as well but she wants to take both. PLEASE tell me I can have at least one of them.

Ask her to pay you for the least of the two of them ... or even for the greater. At least that way you an avoid problems later.

One last question. If she sold something on me that be both went halves on, what could I do to get her in trouble? I have this feeling that she'd get away with it even if I did bring it to court.

You can sue her in court and each of you would bring in documents and witnesses to support your claim(s) of ownership or dominion and control over the items. A 50/50 split of any property acquired in the relationship is likely to be seen as equitable.

- Carl

 

[itsnotthere]

Because she can make a claim for half the proceeds, or ask that she receive the items in exchange for half their value to be paid for you. She might even claim that you gave them to her or that they were hers outright.

Who knows what she might claim?

Thanks again Carl. But what if I have proof of purchase? Wouldn't that make my case that much more credible? Now that I think about it and if you're right, she can just have the TV.


Ask her to pay you for the least of the two of them ... or even for the greater. At least that way you an avoid problems later.

What if I just give her the dryer? I think I'm cool with that

Ok, one more question and I'll be done for the day I think. We have this other TV that's in my name but it's on credit and has not been paid for yet. She's giving me the dog she bought in exchange for the TV. Being that she GAVE the dog to me, can she take it back? If she does so, can I take my TV back in which she hasn't paid a dime for?

 

[CdwJava]

Thanks again Carl. But what if I have proof of purchase? Wouldn't that make my case that much more credible? Now that I think about it and if you're right, she can just have the TV.

Proof of purchase does not necessarily prove ownership. If she claims to have paid you for the item, or paid for food that month in lieu of the TV, you can be found to owe her for part of the TV. She might also claim it was a gift to her. Once again, who knows?

This is why it is best to work out an agreement beforehand, and put it into writing. That way, there is no argument later and you can stay out of court.

What if I just give her the dryer? I think I'm cool with that

Would she?

We have this other TV that's in my name but it's on credit and has not been paid for yet. She's giving me the dog she bought in exchange for the TV. Being that she GAVE the dog to me, can she take it back? If she does so, can I take my TV back in which she hasn't paid a dime for?

She can ask for the dog back and she might even take him back. Then you would be in the un-enviable position of having to either sue her for the dog, or calling the police to see about a theft report. In either case, the whole thing can get real ugly.

This goes back to the previously mentioned agreement. The two of you need to sit down and decide who gets what, or you both risk the other one dragging each of you into civil or criminal court.

There is no hard and fast rule that says "if you do XXX then you will be safe from YYY." The only thing you can do is to come to some form of WRITTEN agreement as to the separation of property as a hedge against any future claims. So long as you each uphold your ends of the agreement, all should be well.

- Carl

 

[itsnotthere]

Thanks yet again Carl. I'm only asking because we tried working things out but she's getting greedy and it seems like she's getting the better end of it.

 

[CdwJava]

Thanks yet again Carl. I'm only asking because we tried working things out but she's getting greedy and it seems like she's getting the better end of it.

It may well be that you will need to go to small claims court to decide the issue. You just have to be careful actually disposing of items before there is any resolution because that could cause problems down the road.

Good luck!

- Carl