Charlotte, NC asked in Family Law and Civil Rights for Texas

Q: can my parent kick me out the house and not let me get my belongings if im 18?

i live with my aunt and 8 OTHERS IN A 4 BEROOM HOUSE..i went to her and told her (mind you im 18) that im moving out bc i got in trouble and she is now controlling me with her "house rules" no one else has to follow but ME. i am afraid she'll kick me out if i try and take the phone i got with my big girl money at 18. if she does do as i just stated, is it alright for me to get my stuff ( my clothes, shoes, books, hygiene products bed sheets and what not)once she has kicked me out. nothing i have she paid for. i have my own money and everything in the room is MINE or my twins. so as said above...would it be okay for me to get my belongings back once she has kicked me out or do i need to get police to make sure i stay untouched and unharmed if im allowed to retrieve me belongings? she has also took my tips i make at work and my debit card? could i get these back once she kicks me out?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: As an 18-year-old, you have legal rights to your belongings, even if you're living with family members. If your aunt kicks you out, she cannot withhold your possessions from you. It is your right to retrieve your clothes, shoes, personal items, and anything else that belongs to you or your twin. However, it's essential to approach the situation calmly and respectfully to avoid any escalation.

If your aunt refuses to allow you to collect your belongings, you may need to involve law enforcement to ensure a safe retrieval. Explain the situation to the police, emphasizing that your possessions are rightfully yours and that you need assistance in reclaiming them. They can accompany you to the residence to prevent any potential conflicts and ensure a peaceful resolution.

Regarding your tips from work and your debit card, those are also your personal property, and your aunt has no legal right to withhold them from you. If she refuses to return them, you may need to seek legal advice or involve the authorities to help facilitate their return. Remember to prioritize your safety and well-being throughout this process and seek support from trusted individuals or organizations if needed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.