Would this be considered larceny?

Question

My Ex husband and I seperated and had the divorce underway. He left me everything on the property. Last year his mother gave us a propane tank. Well I needed money and sold it. ON THE VERY DAY she decided she wanted it back!!! SHe had decided to send propane people to get it but it was already gone.

She threatened to file larceny charges.

Could she have? I thought the propane tank was mine.

I got $300 for it. She was going to sell it for $350.

Answer 1

I doubt that she can prove that it's theft by conversion, since she gave it to you.

But it could get dicey.

If she wants the money so badly, let her sue you for it.

Answer 2

It's too late now but I think you should have told her you were going to sell it and see if she wanted or needed it back.  I've given my son and daughter in law a lot of things that I would like to have back if they don't have a need for it anymore.

Answer 3

Isn't larcney setting a fire? Im blonde Iguess.. thats what I always thought that it meant?

and if she gave it to you and then all of a sudden wanted it back, bummer roo.. Not your problem she can't be an idian giver.. well she can but as one can see it didn't work out to well for her..

be greatful she's an ex mommy-in-law..lol

Answer 4

the legal issue here is weather on not the tank was given to you to do as you wish or to hold.  once this is decided then we can begin to see if larcerny or not. beside everyone threatens to take legal action and don't have a clue what is involved or if they could.

Answer 5

If she indeed gave you the tank, free and clear, no strings attached, then it's yours to do as you please.  If she told you that she was only loaning it to you, then you were wrong to sell it.

My guess is that if she goes to the police, the officer that takes the report will lose interest pretty quickly when she says that a whole year went by before she decided to reclaim the tank.  The officer will then say, "Sorry.  This is a civil case."

Answer 6

If she gave it to both of you then it doesn't matter if you two split up. It remains yours if your husband didn't want it. However im not sure that she even OWNED it. I have a propane tank on my property. I buy the propane for it, but the fuel company owns the actual tank. Sounds like the fuel company owned the one you sold.

As for whether its larceny. I read the definition and it does not sound like it.

You neither trespassed nor carried away the tank.

If she indeed gave to you both then she is not entitled to it back.

NEONLIGHTS - Thats Arson not Larceny

Answer 7

You should have given it back to her, not sold it.  She can sue you for it and claim that she loaned it you you, not gave it to you.  I would if I were her.  If she gave it to you, it was to use, not to sell.