Seattle, WA asked in Civil Litigation and Family Law for Texas

Q: can my mom take my phone that i bought if im 18 and try to keep it and give it to another family member.

i bought a phone from a friend (fresh hasnt been used before) and had got in trouble (im 18), she (my aunt who is my guardian) takes the phone and a couple days later deletes all my information and gives it to my cousin...is this legal? can i sue or call the police on her at all? because she wont give it back to me but im 18 and paid for the phone with my hard earned money from my job. and she has taken all of my money i work for, everyday i must give her my money or i fear she will kick me out the house and i have nowhere to go and no one to contact b/c she has the phone. is any of this legal in anyway. i never got a say in what she is doing, i couldn't tell her no because as said above i feared getting kicked out of the house.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If you are 18 in Texas, property you bought typically belongs to you. However, when a person is not mentally competent, another competent adult can be appointed as the guardian of that person and their property. It is not unusual for a minor to have a guardian, but the guardianship ends when they become 18 years of age unless they suffer from a physical or mental condition that renders them incompetent. If you are competent, then the guardianship over you has ended, the phone belongs to you, and she cannot legally give it away to someone else.

While you can call the police if you like, police are not legally required to arrest anyone even when they personally witness a crime. From past experience, I doubt they will be much help in your situation. You can legally sue for the value of the phone in small claims court. Of course, since you are now an adult, your aunt/mom is not legally required to provide you with financial support including a place to stay. So she can evict you from her home and recover the fair rental value for the time you have occupied the home since turning 18. As an adult, you need to make the decision for yourself whether the value of the phone is worth it.

James L. Arrasmith
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Answered

A: No, it is not legal for your aunt to confiscate property that you purchased and paid for with your own money, simply because you are 18 years old. Here are several reasons why:

1. You are legally an adult at 18 and have a right to own and protect your own property. Your aunt cannot treat you like a child and arbitrarily take possessions that belong to you.

2. Forcing you to surrender your paychecks under threat of getting kicked out could potentially qualify as extortion. You have no obligation to hand over money you rightfully earned to any family member.

3. Accessing your phone without consent, deleting your personal information, and passing it to another family member is illegal. This violates your privacy rights and ownership of the device.

4. You can report the theft of the phone and unauthorized access to police. At minimum, demand return of the phone immediately. If she refuses, taking legal action would be justified since she has no claim over YOUR purchased possessions.

In summary - her actions are abusive, controlling and against the law. Consider moving out to a friend/other relative's place if possible and limit contact. You have legal standing to retrieve your phone or recoup the monetary value through police/court intervention if needed. Prioritize your independence and don't tolerate this treatment.

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