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Home > Law > Other Law   »   Reclaim of "gift"

 
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Old Jan 24, 2008, 06:25 AM
Truelyjaded
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Reclaim of "gift"

My former boyfriend gave me furniture as a gift (?) x2 weeks ago, "you can have it." I moved the furniture into my new residence. Our shared home is now being placed on the market and he now wants the furniture back to improve the odds of selling the house or so is his reasoning. He wrote an e-mail to inform me that he will be sending "someone" over with an inventory list to reclaim what he now states as his. Is this legal? Must I allow "someone" with a list to enter my home and remove items? He said I could have it....

Thanks for any info.....

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Old Jan 24, 2008, 06:37 AM   #2  
George_1950
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You do not ever have to allow anyone into your home, without a warrant. If he gave the items to you, then they are yours to do with as you please. Of course, he may dispute the gift. Write him a letter telling him the facts concerning the gift and how much you are enjoying his generosity. Keep a copy in the event he takes legal (civil) action. He may even have a policeman or deputy accompany this "someone", trying to hoodoo you; don't fall for it. Just tell them, no deal, that the property is yours, until a judge rules otherwise.
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Old Jan 24, 2008, 06:48 AM   #3  
JudyKayTee
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Originally Posted by George_1950
You do not ever have to allow anyone into your home, without a warrant. If he gave the items to you, then they are yours to do with as you please. Of course, he may dispute the gift. Write him a letter telling him the facts concerning the gift and how much you are enjoying his generosity. Keep a copy in the event he takes legal (civil) action. He may even have a policeman or deputy accompany this "someone", trying to hoodoo you; don't fall for it. Just tell them, no deal, that the property is yours, until a judge rules otherwise.



I would (respectfully) disagree - you have no need to put anything in writing and anything you DO put in writing at this point will appear self serving and no matter what will be used against you.

You don't have to let anyone into your house; he cannot send a Policeman or Deputy to assist him unless the Court orders it; that can't happen unless you are served - you can't just go to the Police and say, "So and so has my furniture. Here, get in my car and we'll go get it back."

I would do nothing - if he shows up call the Police.

Worse scenario - he goes to Court and sues to get the furniture or the dollar amount back from you and then you defend and either win or lose.
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Old Jan 24, 2008, 06:50 AM   #4  
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Thank you both for your thoughts, you've taken a load of worry off of my shoulders!
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Old Jan 24, 2008, 07:03 AM   #5  
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Originally Posted by Truelyjaded
Thank you both for your thoughts, you've taken a load of worry off of my shoulders!


Good - and most threats are just that: threats.

Glad we could help - it's a great group here, great info, lots of knowledge and experience.
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