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QLD Separation and Borrowing Personal Property

Discussion in 'Property Law Forum' started by Jonno, 2 March 2015.

  1. Jonno

    Jonno Member

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    Hi, I was wondering if there are any laws governing personal property in Australia?

    My wife left me & moved out of our house in Jan 2014. In Jan 2015, she asked to borrow something of mine and is now refusing to return it after our separation. The item was paid for in 2013 by our then business account, but has been in my possession since she left and she has showed no interest in the item in that time. I seem to remember some property law stating that if someone leaves something in your possession for 9 months or more, it legally becomes yours? Even though this item is "mine", does my wife have any claim to it?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Jonno,

    What you are talking about is property abandonment. It depends on what the item is as to what laws apply here. There is case law on the issue but a lot of it has been modified by legislation.
    When you bought the item, was it yours or was it considered both of yours?
     

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