Can you sell some one else's property without their permission?

Question

I have a friend who has split with a "boyfriend" of 18 months.
During this time she helped him out with cash from time to time which he claims he didn't want or ask for (but non the less, took)
Now they have parted she has two valuble items of his ,which she wont give him back and wants to sell to raise fund to recoup her money.
Can she legally do this and is it morally wrong (one of the items is of major sentimental value)

I like them both and don't want to take sides, but I'd like to know what other people think.

The items were guitars one is quite valuble and bought as an investment ( it had been stored at my friend house) and one was a gift from parents that are no longer around given during his teens.

I actualy think she would be wrong to sell and wish she would just give them back. But I feel a bit disloyal for feeling this.

Answer 1

From a legal perspective, it is absolutely clear that - as things stand right now - she cannot sell his property without his consent. From the information provided, it seems that the cash she gave to her ex was in the form of a gift (i.e. no conditions of repayment were attached, as would be the case with a loan). If this is correct, her money is now lost and she would have very limited (or no) legal means to attempt any recovery of this money.

It may be possible for her to obtain a court order or lien on his property that could enable her to sell, but that would involve going to court and proving that her ex owes her money. From what you have said, it looks unlikely she would be able to prove that.

The morality of selling another person's assets without their consent is rather more tricky, especially when you factor in the sentimental value of one of the items. Perceptions of morality are very individual in many cases and my personal view would be that selling his assets under these circumstances would be highly immoral and could even provoke a law suit from him (which he would almost certainly win) to get restitution from your friend. Then she would end up in an even worse position, both financially and morally.

I think the best way forward is to encourage your friend to return the items to her ex and chalk it up to experience.

Answer 2

No she can't legally do this. If she has a claim against her ex, she must take it through the proper legal channels, i.e. file a claim in the court and give him the chance to pay. Her ex might say that the sums she gave him were gifts out of affection as part of their relationship. Whether a court would order him to repay her I don't know, as it doesn't seem clear whether they were intended at the time to be loans or gifts. It does seem a bit harsh to suddenly change your mind about something like that - if their positions were the other way round, and he'd given her money and wanted it all back basically because their relationship was over, how would she feel?

But in a nutshell, I am certain your friend has no legal right whatsoever to sell her ex's things - I think he would be within his rights to ask the police to attend with him at her home to remove his property. Tell your friend to hand the things back to him herself - it would be so much more dignified. And then she should (i) ask him to repay the money and see if he agrees (ii) write him a letter demanding that he repay the money within, say 7 or 14 days, and (iii) see a solicitor to find out whether she has any prospect of getting her money back through the courts. But don't sell his stuff. I'm not sure, but it may be viewed legally as theft and there is no way your friend has any legal "title" to these goods which she could validly pass over to a buyer. So she would be acting dishonestly both towards her ex and the person who paid her for goods that she doesn't own.

Answer 3

The quick and easy answer is NO!
It is called theft and is a criminal offence (an offence where the person could end up in prison)
As I said it is illegal, morals well that is a completely different but the outcome is the same.
The money was given to him willingly and so was no-longer hers, these two items she is holding onto were not given to her so legally and morally she has no right to them.
I am sorry to be the barer of bad news, but if she sells them she can find herself in serious trouble.
Daddy Dave

Answer 4

She is just bitter and if she does this also heartless and a thief. If she had gave him cash loans which he requested then she could have taken some action against him but according to your posting she willingly gave the cash as gifts. They were in a relationship and he must have felt comfortable with this. If she knew he was a bit of a waster then she also knew the risk she was taking. It is a wonder he hasn't already raised an action against her for witholding his property. Somehow I feel he can't be all bad. She's probably not either but mixed up, angry and bitter.

Answer 5

Do you've the motorcar? once you've it, and did not omit a value or cancel your coverage or there's a reason that the motorcar grow to be transferred to some different person, then notify the community police. no matter if that is yours, with out any encumbrances or issues, the police can help you you out in searching it. regardless of the indisputable fact that if there's a situation with identifying to purchase it, plating it, baby help or different legalities that ought to reason this example to take position, you're out of success. Did the identify have yet another persons call on it? Like John Doe OR Jane Smith? Then the identify in hardship-free words needs a million signature to promote it. it ought to even were a motor motorcar blunders, and if it really is the case, then the community police ought to help you straighten it out. And, if some different person quite signed your call, and purchased the motorcar to some different person, they committed a criminal offense and once again the community police can help you get your resources again.

Answer 6

I'm guessing she wants to sell them to get back at him as he was the cause of the break-up?

I think selling them would be seriously wrong. If he can prove they are his he could possibly get her done for theft.

There are other ways of getting revenge without doing this, but better than that is for her to simply move on and forget about him. No man is worth so much thought after a break-up xx

Answer 7

One can not legally sell items that belong to someone else. She may be able to recoup some of her money in small claims court but it doesn't sound as if she has much of a case. She may just have to count it as an expensive lesson.

Answer 8

Want to know how to get your ex back? Change yourself. Don't worry about changing other people, worry about changing yourself. Go to https://tr.im/Qlwgj

Once you do that then you can start to worry about getting back together with your ex, other wise you will find that you are fighting about all the same things and getting no where. Do what it takes and I promise things will work out in your favor.

The funny thing is I came to the realization that I had to change a little too late. After I was kicked out and after I was about to lose the only things that truly mattered to me - her love. A funny thing happens when we truly love someone and lose them. We do what ever it takes to get them back. For me I had to drop bad habits that had caused not only our relationship to sour but practically every other relationship I had had in the past. Not only with women, but with friends, co-workers, family, you name it.

Which is why I say to you as my ex at the time said to me, the only thing you can do is change yourself. Work on yourself and improve on the person that you already are. Drop the negative things in your life that don't belong there and you will see all of your relationships start to take off to new heights.

Answer 9

XxX♥She shouldn't sell them. Just because it's over doesn't mean what was his still isn't. She needs to give it back, cuz she could get in trouble for selling something that is owned by someone else. Let me ask you this: Would you want someone walking into your house & stealing something of yours, then selling it? Of course not. She needs to give it back to him & stop with the childish games.♥XxX

Answer 10

Legally she can not. However, if he has no paper trail of ownership than he can not prove they are his items. If she is really that big of a bit** then sell them. Or, maybe she could sell them back to him.