Legal Question in Civil Litigation in New Jersey

My teen son and I live with my parents in New Jersey - I am finishing full-time school while working part-time and then can get a CE for teaching. Should be able to move out by next fall. My mother keeps giving away our things when I'm not home - last time it was about $300.00 worth of lacrosse equipment, now she is working on all of the things in my son's room - furniture, hundreds of $ worth of Lego, all board games, et. al. My question is, can she legally do this? We definitely won't be able to move until I'm employed full-time and can then find a home. Do I have any recourse if she does give our stuff away? Isn't that stealing? Thanks for any input!


Asked on 9/25/11, 4:16 pm

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

If the property is yours and you did not give your mother permission to exercise any authority over it, then yes, technically it is stealing. However, reporting this to the police as a crime will certainly not be good for your relationship with your parents. You could also sue your mother (most likely in small claims court) for the value of the property which she gave away without your permission, but again, is this something that you really want to do? You are living with your parents and expect to continue living there for another year. It would seem that you need to keep the peace. The real question is, why on earth is your mother giving your property away without your permission? What you are describing just seems odd. It seems that you need to have a conversation with your mother and come to some understanding. If you want to keep the peace but are concerned that your mother will continue to do this, then perhaps you might consider renting a storage unit or keeping your things in a locked closet for which only you have the key.

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Answered on 9/25/11, 8:26 pm


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