Can my aunt take my Xbox without my permission because of my bad grades?

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Can my aunt take my Xbox without my permission because of my bad grades?

My aunt took my Xbox because I was not doing good in school. When I did not give it to her, she called the police and they came and took it from me and gave it to her. How can I get it back? I bought it with my money and I have the receipt for it?

Asked on July 22, 2011 Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your aunt conditioned your xbox possession on you getting good grades, and your aunt is your caretaker/provider, then yes she can take it without a problem because you breached your agreement. It makes no difference if you purchased it with your own money; if you did not live up to your end of the bargain, then you breached the contract. Grades are of primary concern. Now, if you live with your aunt, it makes no difference if you bought the xbox. If you are a minor and the police showed up and gave it to her, that means she has possessory control over your items. In most states, she only has to provide you minimal items like food, shelter and some clothing. So, the answer to your question is yes and if you wish to get it back, remember to simply get your grades back up.


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