Need some legal advice on personal property of 17/18yr

[echo314]

My friend purchased a computer for himself while he was 17, using his own money. He has some of the receipts, not all. He is now 18 (still living with his parents). Can his mom take away his computer? What about something else which he did not pay for, but is considered his?

I don't expect any expert legal advice, but I'm hoping someone here is versed in legality of personal property.

[CJ Master]

It's technically illegal, but is he really going to sue his parents...?

[schauerlich]

If the item has been gifted to him when he is of age (ie his mum says "It's yours, kiddo" on his 18th birthday) then it is his property.

[echo314]

It's technically illegal, but is he really going to sue his parents...?

Would suing his parents his only legal course of action, or could he file a police report or similar?

[uberlube]

Seeing that he is 18 and considered an adult he should have the backbone to tell her to sod off for trying to take anything that is his.

[echo314]

Seeing that he is 18 and considered an adult he should have the backbone to tell her to sod off for trying to take anything that is his.

Maybe in principle. However, I see many adults who don't have the backbone to stand up to their own self, much less someone else. I'm not trying to be pessimistic, but its what I see...

I think you are right though, he should take action if it came to that. But i don't know, you have to pick your battles right?

[uberlube]

Maybe in principle. However, I see many adults who don't have the backbone to stand up to their own self, much less someone else. I'm not trying to be pessimistic, but its what I see...

I think you are right though, he should take action if it came to that. But i don't know, you have to pick your battles right?

Very true. Although if he is that type of person then this topic is moot. If he cant stick up for himself 1on1 then there is no need for inquiring as to legal advice, lol. IMHO

[echo314]

Very true. Although if he is that type of person then this topic is moot. If he cant stick up for himself 10n1 then there is no need for inquiring as to legal advice, lol. IMHO

Well I'd like to make him take action, cause I don't like his mom so much and I would not want her to get away with something like that.

Any your profile icon...the creature is holding some packaged meat product, yes? I can't decide if my mind has been polluted by *chan or if that picture really is suspect.

[uberlube]

Any your profile icon...the creature is holding some packaged meat product, yes? I can't decide if my mind has been polluted by *chan or if that picture really is suspect.

Ill leave that to your imagination ;)

[Scruffynerf]

Well, put it this way.

The computer is his.

The electricity to power it is not. The parents pay for that service.

Sure, he can keep the computer. But he can't power it on.

--

That said, someone having legal discussions on a tech forum abut the ownership of a computer which strongly sounds like is being temporarily taken away as a punishment for something is... rather pathetic actually.

If said person wants to go this route, perhaps they should actually move out and experience actual life, and pay their own way.

[p_quarles]

Even if he has a legal claim to the computer, he has no leverage in this case. His parent(s) are under no obligation to provide their adult child with housing. So, the best case outcome here is that he gets his computer back and becomes homeless.

Basically, this isn't really a legal question.

[schauerlich]

Even if he has a legal claim to the computer, he has no leverage in this case. His parent(s) are under no obligation to provide their adult child with housing. So, the best case outcome here is that he gets his computer back and becomes homeless.

You have an obligation to house me... daddy... :(

[DeadSuperHero]

If they're going to take his things away, he should just take them back and consider moving out.

[Scruffynerf]

You have an obligation to house me... daddy... :(

Only until he is legally an adult. Then the obligation ends.

[schauerlich]

Only until he is legally an adult. Then the obligation ends.

He still owes me all of those years of child support. He's a deadbeat.

[gn2]

My friend purchased a computer for himself while he was 17, using his own money. He has some of the receipts, not all. He is now 18 (still living with his parents). Can his mom take away his computer? What about something else which he did not pay for, but is considered his?

I don't expect any expert legal advice, but I'm hoping someone here is versed in legality of personal property.

Laws vary from one country to another, without knowing which country's laws apply it's impossible to give a meaningful answer.

[Tews]

He still owes me all of those years of child support. He's a deadbeat.

No, in fact, he doesn't. He may owe it to the court, or to your mother, but he doesn't OWE you a dime.

[echo314]

Laws vary from one country to another, without knowing which country's laws apply it's impossible to give a meaningful answer.

I'm talking U.S of A. here. Good call, I just kinda assumed...

[Skripka]

I'm talking U.S of A. here. Good call, I just kinda assumed...

In short, you (general you) do NOT want to get lawyers or the courts involved. The second you (general you) do, everything becomes a matter of public record, AND you (general you) have to pony up BIG money for legal fees.

If your friend is unable to afford housing apart from his parents' house, then he does NOT want to be kicked out. The parents obligations end at 18. If your friend wants to go to college-the FAFSA assumes a large contribution from the parents, if the parents don't pay it-then your friend will not get any extra money.


You (general you), live under your parents' roof, you have whatever rights they grant, and play by their rules. The OP of course is not telling anything CLOSE to the whole story either. Odds are the "friend" did something dumb, and the main way for the parents to punish him is to take away the computer.

[echo314]

If your friend wants to go to college-the FAFSA assumes a large contribution from the parents, if the parents don't pay it-then your friend will not get any extra money.

The OP of course is not telling anything CLOSE to the whole story either. Odds are the "friend" did something dumb, and the main way for the parents to punish him is to take away the computer.

naw he didn't do anything, his mom really is just emotional and has these "angry" periods often where she yells and stuff. she does not deal with her anger in an acceptable way. He tries to lay low, honest, he does not get into any trouble at all. Hes just trying to keep off the radar until he can get through college.

btw, can you tell me a little bit more about FAFSA requiring parent contributions? Right now, his parents don't give him squat for college, even though they COULD (he is going on loans or his own money completely). They could not possibly affect how much he gets from FAFSA, could they?

[burvowski]

My advice is to not get legal advice from random people on an internet message board.

[Skripka]

naw he didn't do anything, his mom really is just emotional and has these "angry" periods often where she yells and stuff. she does not deal with her anger in an acceptable way. He tries to lay low, honest, he does not get into any trouble at all. Hes just trying to keep off the radar until he can get through college.

btw, can you tell me a little bit more about FAFSA requiring parent contributions? Right now, his parents don't give him squat for college, even though they COULD (he is going on loans or his own money completely). They could not possibly affect how much he gets from FAFSA, could they?

The FAFSA assumes a large financial contribution from the parent/guardians. It is an EXTREMELY rash assumption.

There was a story a few years back, about a theatre student (IIRC) going to attend NYU. He came from wealthy parents who gave him NO money for college. The FAFSA assumed they would. The parents would not be co-signers on loans-so he had no credit, basically.

The result? The FAFASA said he basically needed no aid, as his parents could afford college out of pocket.

Needless to say, his parents did not give him a dime.

Said student had to pay $20+ grand a year all by himself. He couldn't get loans to cover any sizeable shae of the load. He couldn't afford housing-so he slept in the library, and showered at friends houses. He couldn't afford a meal plan, so he ate at food stands on the streets, and had to have 3 off campus part-time jobs.

Once his story made the front page of the college newspaper...and 2 days later the front page of the NYTimes in his junior year, NYU gave him free room/board for the rest of the year-until is aid package could be revised.

[clonne4crw]

He's an adult, so I say 'NO'

[Warpnow]

Even if she can't legally take it from him, she can legally kick him out on his ***, so if she makes it a stipulation of living there, I'm guessing he's just going to have to accept it or move out.

18 is not a magical number. Life does not change when you reach it.

[Warpnow]

The FAFSA assumes a large financial contribution from the parent/guardians. It is an EXTREMELY rash assumption.

There was a story a few years back, about a theatre student (IIRC) going to attend NYU. He came from wealthy parents who gave him NO money for college. The FAFSA assumed they would. The parents would not be co-signers on loans-so he had no credit, basically.

The result? The FAFASA said he basically needed no aid, as his parents could afford college out of pocket.

Needless to say, his parents did not give him a dime.

Said student had to pay $20+ grand a year all by himself. He couldn't get loans to cover any sizeable shae of the load. He couldn't afford housing-so he slept in the library, and showered at friends houses. He couldn't afford a meal plan, so he ate at food stands on the streets, and had to have 3 off campus part-time jobs.

Once his story made the front page of the college newspaper...and 2 days later the front page of the NYTimes in his junior year, NYU gave him free room/board for the rest of the year-until is aid package could be revised.

The school's financial aid department reserves the right to change your EFC (estimated family contribution) in the event your family will not help. You can also be declared independent, which changes this. There are a bunch of things that can be done. Sounds like someone was rather incompetent in this case.

[Dark Aspect]

It's technically illegal, but is he really going to sue his parents...?


Would suing his parents his only legal course of action, or could he file a police report or similar?

Don't bite the hand that feeds you. If his parents are buying him food and paying for more than 50% of his roof than he should show a little respect. Lets be realistic, if he files a police report than he is not going to have a place to live unless he can afford it. I have more than enough evidence to charge my father with assault but if I was stupid enough to say anything than I would be homeless.

Use some basic common sense and keep the people paying for your housing/food happy.


My advice is to not get legal advice from random people on an internet message board.

+1


The FAFSA assumes a large financial contribution from the parent/guardians. It is an EXTREMELY rash assumption.

There was a story a few years back, about a theatre student (IIRC) going to attend NYU. He came from wealthy parents who gave him NO money for college. The FAFSA assumed they would. The parents would not be co-signers on loans-so he had no credit, basically.

The result? The FAFASA said he basically needed no aid, as his parents could afford college out of pocket.

That has bitten me too....I am waiting for things to get better.


The school's financial aid department reserves the right to change your EFC (estimated family contribution) in the event your family will not help. You can also be declared independent, which changes this. There are a bunch of things that can be done. Sounds like someone was rather incompetent in this case.

FAFASA uses the tax information from the previous year. I don't qualify until next year to change my dependent status since my FAFASA was already summited by my dad with me as a dependent. For some reason my dad is rather stubborn about signing anything where I am independent, probably for money. Whats funny is I don't even want that much money to go to college, FAFASA will give away $10,000 so someone can attend some well known college and all I want is about $1000 a semester for a small little community college. A mere $300 a class and they don't give me a dime.

[Tristam Green]

Well, put it this way.

The computer is his.

The electricity to power it is not. The parents pay for that service.

Sure, he can keep the computer. But he can't power it on.

--

That said, someone having legal discussions on a tech forum abut the ownership of a computer which strongly sounds like is being temporarily taken away as a punishment for something is... rather pathetic actually.

If said person wants to go this route, perhaps they should actually move out and experience actual life, and pay their own way.

+2

If he is living rent-free in the house, then he's living under the parents' rules. Ergo, he can still be punished by his Mommy, since he's still acting like a child.

Options for him:

- fight it, and try to get the computer back. Recourse: get kicked out, or have all amenities shut off until he leaves himself.
- Leave, and take the computer with him.
- Start paying rent and a share of the utilities and get the computer back.
- Shut up and do as his parents say, despite him being 18.

[MaxIBoy]

This is not the right place for legal advice.


However, as far as I know, there's nothing he can do about it... "his" money really just belongs to his parents, even if he worked for it himself. Sucks, I know. :(

[RiceMonster]

My advice is to not get legal advice from random people on an internet message board.

What? The internet never lies!

[nmaster]

Seeing that he is 18 and considered an adult he should have the backbone to tell her to sod off for trying to take anything that is his.

Agreed.

He sounds like a little girl who threw a temper-tantrum and is now grounded. Sorry for sounding harsh, but I'm old school. This kid needs to grow up.

[earthpigg]

Agreed.

He sounds like a little girl who threw a temper-tantrum and is now grounded. Sorry for sounding harsh, but I'm old school. This kid needs to grow up.

pretty much. if he cannot support himself, he is no adult - laws be damned.

i moved out when i was 17, and haven't taken a dime of mommy or daddies money since. unless one is physically disabled, its not hard... one need only grow a pair*. im 25, btw, so this isn't one of those "back in my day when i walked uphill both ways through the snow" stories.



*i'm talking about happy flowers, of course, in case there was any confusion.