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
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
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
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
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
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
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
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