Full question:
I recently broke up with a girlfriend of about a year and a half. She is refusing to give back some of my property, saying it is 'payment' for letting me stay there a year. It was bought while we were together but entirely on my credit card. Does she have a legal right to my property? I live in Oklahoma if it matters.
- Category: Cohabitation
- Date:
- State: Oklahoma
Answer:
In Oklahoma, living together in a non-marital relationship does not automatically give either party rights to the other's property acquired during that time. However, couples can create a contract outlining their rights regarding property and earnings during the relationship. Such agreements can specify whether property is held separately, jointly, or under community property laws.
In some cases, courts may recognize a trust in property held by one partner for the benefit of the other, even without a formal trust agreement. This can happen if there’s evidence that both parties intended to create a trust. A constructive trust may also be established to prevent unfair advantage based on contributions made by one partner to the property of the other.
Additionally, a lien may apply if one party claims the right to retain property until a legal obligation is fulfilled. This can arise from an express or implied contract. To create a valid lien, the claimant must have ownership or a right to the property, actual or constructive possession, and the lien must arise from an agreement.
Conversion occurs when someone wrongfully uses or retains another's property. If you demanded the return of your property and it was refused, you may have a claim for conversion.
Ultimately, each case is unique and depends on specific circumstances. If you believe your property is wrongfully withheld, you may want to consult with a legal professional for guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.