My ex now wants "his" stuff? Can I be arrested for not giving in back?

Question

A few years ago I took out loans and used credit cards to buy tools, computer, and a truck for a joint construction business with my ex. I quit my job, he left for another girl, took all of it, and left me with all the bills. It didn't work out with his other girl and came crawling back to me. So I re-acquired his stuff. Again, I lost my job (contract work) & he left, leaving everything at my house. I asked him to remove his things in 30 days and agreed to give him more time, if he helped me fix up the house (which he tore apart before leaving) or with the payments. He didn't and made no attempt to get his things. It's been 3 months with no word from him and he's irate because I won't give it to him right now.

Can he have me arrested? We weren't married, but do live in a community property state. I'm not worried about court since I have receipts and IRS statements showing I bought all of it and feel confident that any idiot could see that he was just using me.

I don't want to give it back because I still owe a lot of money to creditors for it and can sell it to make a payment. I also have no problems giving it back, if he takes over the payments.

Answer 1

Possession is 9/10's of the law.  Don't give it back to him.  You paid for it.  He can not send you to jail for that anyway.  He would have to issue an unlawful detainer and it isn't likely that he is going to do that if you have the receipts.  Tell him if he is harassing you that if he doesn't stop you are going to press charges AGAINST HIM.  

Answer 2

You cannot hold his property hostage - you need to sue him in civil court for anything you feel he owes but holding his property will damage your case.

Answer 3

you bought it, it's yours.

Answer 4

You let him the stuff the first time he left, so he could say you gave it to him.

What I would do is get a restraining order and let him take you to court, and let the court settle it.

Answer 5

what a jerk!

if you payed for the stuff then its yours if now wants it back then he can pay for it since he didn't before