Legal Question in Civil Litigation in Texas

Re: Can I get my property returned?

I don't think it will be taken to be a theft. The vehicle seems to be a gift. The 'fridge, stove and washer and dryer might have some value, but unless you have more than about $7,500 in value in those items, you should think seriously before hiring a lawyer, because I would expect fees to be somewhere in the neighborhood of $2,000 to $2,500 at a bare minimum. I doubt you will receive any help from small claims court, but you could try that. If you choose to pursue the matter with an attorney in court, the key words were that YOU PURCHASED the items. The fact that they benefitted you and her as well as anyone else is the same as if you purchased a stereo and it benefitted anyone who could hear it. Unless you gave her the items (as you seem to have done with the vehicle), they should remain yours. If you go to small claims court, try a trial to the right of property.

Check out the texas statutes on the law librarian's home page which may be found under links at http://www.reasonable-doubt.com

Re: Can I get my property returned?

Speak with a family law attorney to find out if y our relationship qualifies as a common law marriage. If so, this may give you another ground to recover on because if a common law marriage existed when you moved in together, the purchases would likely be community property.

Re: Can I get my property returned?

Unless your relationship qualifies for a common law marriage, I'm not sure there's too much you can do about the vehicle. The money for the vehicle was given to help her and the gift cannot be taken back. However, if you purchased the other items with your own money and not hers, and you can prove the purchase, I would take the position that the items have been stolen from you since she refuses to return them. I would file a police report, show them the evidence of purchase, and have her local law enforcement pay her a visit to see if you couldn't get the items back. If that didn't work, take your proof of purchase and police report to small claims court.

Re: Can I get my property returned?

You may be entitled to half the money you paid out, if you take the posture that this is a dissolution of a partnership. Her argument will be that the goods were a gift.

It may not be fair, but she'll probably get the benefit of the doubt.