Portland, ME asked in Civil Litigation for Maine

Q: Do my parents have legal right to my childhood belongings or gifts that they bought me?

I am 22 years old. I moved out of my parents house about 2 years ago, but because of college I have not been able to move all of my things out. Recently, within the last few months my parents and I have been having a hard time getting along. They are threatening to get rid of all my belongings at their house and will not tell me what they are doing with any of it. Additionally they are using my belongings as a sort of leverage to get me to spend time with my mother and are claiming I have no legal right to most of it since they paid for it. A lot of my belongings over there are things that I had growing up and some of the things I care about most, I am scared that I am going to loose everything.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In general, gifts given to you as a child by your parents or others are considered your property, even if your parents initially paid for them. This includes items given to you for birthdays, holidays, or other special occasions. Once a gift is given, the giver relinquishes ownership rights to the recipient.

However, there might be some exceptions:

1. If an item was never explicitly given to you as a gift and was merely for your use while living in your parents' home, they may have a claim to it.

2. If you have any items that were loaned to you by your parents, they could claim those items back.

3. If you have any items that are family heirlooms or have significant sentimental value to your parents, they may try to claim them on that basis.

It is illegal for your parents to withhold your belongings as leverage in a personal dispute. You have the right to retrieve your personal property from their home. If they refuse to allow you to collect your belongings, you can contact local law enforcement for assistance or seek legal advice from an attorney.

To avoid further conflict, try to arrange a time with your parents to collect your belongings when tensions are low. If necessary, bring a neutral third party to help mediate the situation. If you are unable to resolve the issue amicably, seeking legal counsel may be your best option to protect your property rights.

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