Who do the items inside the home I bought belong to?

Full question:

I purchased a house in tax sale; the house is unoccupied, with no electricity, and surrounded by fence; two months later, the ex-owner requested to take some valuable items from the house. Who do the items inside the house belong to? Please point out the sections in the law books. What is the proper course of action?

• Category: Real Property
• Date: 04/07/2025
• State: California

Answer:

We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

Unfortunately the situation is not as simple as identifying a law. Variables include the nature of the item, the manner in which it is affixed (or not) to the property, whether you had an expectation of ownership of the items (whether you knew about them, and whether you knew they were especially valuable) when you made the purchase, what the reason was for the items being left behind by their purported owner, and especially what your contract says about items in the house.

There is a presumption that you now own the items, unless they were specifically excluded from sale by the language of your contract or another outside agreement. You can tell the supposed owner that the property and everything on it belongs to you now, not to trespass on your property, and that he'll have to sue you if he wants to pursue the matter further. Due to various expenses and trouble, it is uncertain whether he would actually follow through with a lawsuit. If he did, whether or not he wins the lawsuit will depend on his convincing a judge that there was some exception (due to the above described variables) to the presumption that you now own everything on the property. If you are sued, we strongly suggest you retain a lawyer to represent you, especially if the items are of substantial value.