What can my son do to retrieve his property from his friend's ex-wife?

Full question:

My son left the service (Coast Guard) where he was stationed in Florida and returned home to Michigan 3 weeks ago. He left behind a considerable amount of property in a friend's home (where he was living). The friend is involved in a bitter divorce situation and has moved from the home; ex wife moved back into the home and is now refusing to allow my son to return to claim his property. Is there any recourse that won't cost $1000 or more in attorney fees? She has said she will get a restraining order if my son shows up for his property.

• Category: Abandoned Property
• Date: 04/07/2025
• State: Florida

Answer:

Your son may file a complaint for the value of the property that is being wrongfully withheld. This situation is known as conversion, which occurs when someone unlawfully retains another person's property. To succeed in a conversion claim, your son must show that he requested the return of his property and that the ex-wife refused.

When someone holds property for another, a legal relationship called bailment is created. In this case, the friend was a bailee, and your son was the bailor. Since the friend was not compensated, it is a gratuitous bailment, which means the bailee must take reasonable care of the property. If the bailee fails to do so, they may be liable for any damages.

Additionally, under Florida law (Fla. Stat. § 715.104), if personal property remains on premises after a tenancy has ended, the landlord must notify the owner of the property. This notice should describe the property and inform the owner where and when they can claim it. If your son's property was left behind after the friend vacated, this could apply.

Given the ex-wife's threats of a restraining order, it may be wise for your son to avoid direct confrontation. Instead, he could consider sending a formal request for the return of his property, possibly through a mediator or legal assistance that does not exceed his budget.