If a co-owner of a property came onto the property after being gone for 6 months & removed items that had been bought together. Is that a crime?
State/Country relating to Question: Texas
Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
No, if the person is a co-owner of the real property and the personal property, it would not be a crime. Even if this person had been gone for 6 months. The only way this may be a civil issue is if the person had made some sort of representation that he was abandoning the personal property. He would always own and have rights to the real property as long as his name was on the deed. Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much!
Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
What if the co-owner did not have a key, entered in with the Realtor, knew where the spare key was kept & came back later to remove the property when no one was home?
It is unlikely that the police will get involved in something like this because they will see that the person is a co-owner of the real property and the personal property (unless someone can prove otherwise). So if you wanted to pursue a civil lawsuit against this co-owner, you could do that. They cannot deprive you of the property that you jointly own. Also, there is a fine line between how and when someone is said to have abandoned their property. You did not tell me why the person stayed away for 6 months but in the event that this is between a married couple, it is even less likley that the authorities will get involved.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).