QUESTION
Can the other person come back after a break up and demand that I give back the things he bought several years ago for Christmas like TV?
Asked on Mar 08th, 2013 on Personal Injury - Florida
12 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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He would not have a right to make you give them back. Once a gift is made, it becomes the property of the one receiving the gift.
Answered on Apr 09th, 2013 at 9:35 PM
No unconditional gifts transfer ownership.
Answered on Mar 11th, 2013 at 8:49 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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No. A gift is a gift, and not subject to recalling afterward, even after a breakup. It belongs to the person who was given the gift, not the person who gave it. Legally, a gift entails donative intent (he wanted to give you that TV), acceptance (you accepted it as a gift), and transfer of the property (he actually bought it and handed it to you or set it down in the house). After that, it's yours to do with as you like.
Answered on Mar 08th, 2013 at 11:29 PM
It depends on whether or not you can prove that the things were gifts to you.
Answered on Mar 08th, 2013 at 11:21 PM
Ronald A. Steinberg
A gift is a gift. Tell him to go pound sand.
Answered on Mar 08th, 2013 at 2:43 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No, tell him to forget it.
Answered on Mar 08th, 2013 at 2:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No, a gift is a gift.
Answered on Mar 08th, 2013 at 1:52 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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He can try. He bought the stuff, so he can say that it's his. On the other hand, do you have grounds to claim that it was a gift? Also, you can say that he abandoned his property, so it's yours now. Finally, find out in your state what the statute of limitations is for actions based on conversion or replevin.
Answered on Mar 08th, 2013 at 1:14 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Generally speaking, no.
Answered on Mar 08th, 2013 at 1:13 PM
No he cannot not. It was a gift and shall remain just that.
Answered on Mar 08th, 2013 at 1:13 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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A gift is a gift. Tell him to go take a long walk off a short pier.
Answered on Mar 08th, 2013 at 1:13 PM
If someone receives a gift, expensive or otherwise, the person has received a gift. If you are not married, not together and were not living together, the other person has no right to enter uninvited.
Answered on Mar 08th, 2013 at 1:13 PM