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? 15 Answers as of April 09, 2013

We are not married and not living together.

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David F. Stoddard
David F. Stoddard | David F. Stoddard
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.
Answer Applies to: South Carolina
Replied: 4/9/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
No unconditional gifts transfer ownership.
Answer Applies to: Iowa
Replied: 3/11/2013
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
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.
Answer Applies to: California
Replied: 3/8/2013
Durham Jones & Pinegar | Erven Nelson
It depends on whether or not you can prove that the things were gifts to you.
Answer Applies to: Nevada
Replied: 3/8/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
If they were gifts to you he can not take them. If they were for the house hold only it is disputable.
Answer Applies to: Connecticut
Replied: 3/8/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    The answer generally is that title to gifts passes at the time of gift and is not conditional based upon future services.
    Answer Applies to: Nevada
    Replied: 3/8/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 3/8/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    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.
    Answer Applies to: Oklahoma
    Replied: 3/8/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    A gift conveys title and possession at the moment it is made. The only potential exception is an engagement ring which is a gift in expectation.
    Answer Applies to: California
    Replied: 3/8/2013
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