Herndon, VA asked in Contracts and Family Law for Virginia

Q: 23 y/o Male leaving household, father threatening to "take everything" from me, legally, what can he do?

Hi,

I'm a 23 year old guy who has almost always lived at home with my parents. Long story short, my father is a bit abusive, and I want out. However, he always threatens to take things from me and not support me. I can deal with the financials, I'm just wondering what he *legally* do and/or what would qualify as *illegal*. For example, if I have a phone that he paid for, but he gave to me > 2 years ago, would I be legally obligated to give it to him if taken to court? Could I argue that it is/was a gift?

I've always wanted to leave this place, but never had the courage to ask these questions until now. If any attorney has experience in civil matters like these, some free, no strings attached advice would be tremendously helpful.

Thanks

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: It's unlikely that the father has a legal obligation to support a 23 year old child. If he really intends to initiate an expensive legal battle over ownership of the phone and other relatively low-cost items, you could have an argument that they were gifts, but that seems to be not worth anyone's time and money. If you decide to leave, be certain not to take items that are clearly not yours. If you are sued or charged with theft, contact an attorney for representation. You may want to meet face-to-face for a consultation before leaving if it's in your budget, as an attorney meeting you in person and getting all the facts is going to be able to provide a better response. Good luck, and take care.

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