Ask Me Help Desk - Ex wife refuses to return his tools

My friend has been divorced six years. He and his wife divorced due to his drinking and drug use. Thanks to AA, he has been clean and sober 5 years. Ex got their house and verbally said when he got a place, he could have his life time collection of tools back. He has been in a 1 bedroom apt. for 2 years(prior to that, homeless)She has refused to give the tools back despite their 12 year old daughter writing to her mom(with whom she lives)and telling her to return her dads tools. Ex wife has a boyfriend and my friend assumes she wants the tools for him. Lately, she has been telling him she will sell him his tools back to him for $250. She is a registered nurse who makes $80,000 a year and my friend pays child support. They both reside in Michigan. He will be renting a home soon and would like to begin repairing it.

Giver her the 250 when you get the tools. It will be cheaper than law suits. Next what the ex said verbally 6 years ago most likely is not binding in court, if the judge did not give him the tools in the divorce and he did not take them, after 6 years he honestly has little legal rights to them any more.
I am surprised the wife actually still has them, most ex's would have sold them long ago.

So easy, if you can get the tools for 250 dollars jump on it.
Don't give her the money till you get the tools.

Agree with FrChuck - give her the $250 and keep the kids out of it.

The 12 year old daughter is privy to this disagreement and is now involved? They should do all they can to build up their children's self respect and that doesn't happen when children are part of the parents' arguments.

Technically since she has been caring for the tools (or rather since they have been in her possesion) for over a year the tools legally belong to her. It could easily be twisted to say that he abandonded the tools. The best option would be to pay the money.

Quote:

Originally Posted by PandaFox

Technically since she has been caring for the tools (or rather since they have been in her possesion) for over a year the tools legally belong to her. It could easily be twisted to say that he abandonded the tools. The best option would be to pay the money.

Please post your source for the "technically ... abandoned the tools" advice.

I find this WAS his residence and I find she has never made a legal demand that he remove them.

I think the fact (which is probably the only fact posted) that they were placed in the driveway and taken by "the family" is NOT going to go into the win column on her side of things.

My source is personal experience in this kind of situation, but if that is not enough then here
http://legal-dictionary.thefreedictionary.com/Adverse+Possession
Scroll down on the page to find the 'personal property' part.

"We" don't know what State/Country the OP is asking about.

The dictionary you posted is NOT State or Country specific and states:

“Ownership of personal property may be acquired by adverse possession if the same requisites are met. The claimant must possess the property actually, openly, notoriously, exclusively, hostilely, under claim of right, and uninterrupted for the statutory period.”

Under statutory period the dictionary states: “The time of the statute of limitations that must expire before title can be acquired by adverse possession varies from state to state. No statute will begin to run until the adverse claimant actually possesses the property in question under color of title or claim of right, where necessary. As of that time, the landowner is entitled to bring a lawsuit against the possessor to recover the property... If the statute of limitations has been suspended - for example, because there is a lawsuit pending between the owner and the claimant or the owner is insane, an infant, or serving in the armed services - that amount of time will not be counted toward the time necessary for the acquisition of title.”

I don't see a specific period. Your thought that the facts could be "twisted" into a case for abandonment is inappropriate on the legal board. If it's not legal and/or needs "twisting," please don't post it.

The situation here is that the ex said that tools would be returned when the owner "got a place." He agreed and left them there. They had a meeting of the minds. She can't now decide to change the rules of the game.

You had the same situation?

At any rate we take great pride in our answers on the legal board. Some of us went to school, work in the field, have experience, have great research skills. Guesses are discouraged. Some questions cannot be answered without knowing where the OP lives/works.

I find nothing in your reference source that addresses the situation that has been posted.

And for the record - I've been wrong before, I'll be wrong again. I expect to be corrected when I've posted incorrect info. It's nothing personal.

Quote:

Originally Posted by JudyKayTee

"...
Under statutory periodm the dictionary states: “The time period of the statute of limitations that must expire before title can be acquired by adverse possession varies from state to state. . ..."

And the SOL for adverse possession, even if all of the other elements could be proven, is generally a period of years (5, 7, or something of that nature), not the mere single year which PandaFox suggests is the standard.