Legal Question in Real Estate Law in California

Ownership of valuables found in house after transfer of title?

We received title to our house a couple weeks ago. We were preparing the house for our move-in at which time we found some envelopes containing about $5K in cash in a cabinet apparently overlooked and left by the previous owner in his haste to vacate the property. From a legal standpoint, who has rightful ownership to this cash?


Asked on 9/11/05, 3:25 pm

4 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Ownership of valuables found in house after transfer of title?

Attorney Whipple stated the law quite correctly. if you can reasonably ascertain the true owner, you have a duty to return the money.

As you took the time to ask, it appars that you will choose to do the honorable thing.

Nice to see!

Scott

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Answered on 9/12/05, 3:44 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Ownership of valuables found in house after transfer of title?

Forgive me, but I am having a Dr. Laura moment with your question. Forget what the law may or may not say. Do the right thing and return the money.

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Answered on 9/11/05, 3:36 pm
Anthony Roach Law Office of Anthony A. Roach

Re: Ownership of valuables found in house after transfer of title?

The money belongs to the previous owner. If it had been you who left the money, would you want it back?

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Answered on 9/11/05, 3:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Ownership of valuables found in house after transfer of title?

The money, as you say, was probably left behind by the seller of the house. The ownership of the money didn't change just because the ownership of the house it was in changed, under any reasonable theory I can think of...it's still the seller's property

Further, the finder of lost items has a duty to return them to the rightful owner when the owner's identity is known or ascertainable with a reasonably diligent effort. If memory of this topic from law-school days serves, failure to return items under such circumstances is theft.

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Answered on 9/11/05, 3:47 pm


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