Legal Question in Real Estate Law in California
ex gf left behind tools after she moved out. it has been 3 years and she still hasn't picked them up. at one point she said i could have them but i have no proof of that. Is this property still considered hers?
Asked on 3/21/11, 4:22 am
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
After three years the tools clearly are abandoned. Also a verbal statement that they are a gift to you is perfectly valid; with only a few exceptions, a verbal contract is just as biding as a written one, it just is much easier to prove the terms of a written contract than an oral one.
Answered on 3/21/11, 8:55 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
No. The abandonment theory doesn't work as well as the gift theory, in my book, but an oral gift is valid, and after three years a judge or jury is likely to believe you.
Answered on 3/21/11, 9:02 am
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