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View Full Version : Is it legal to take back gifts from someone?


AMT86
Oct 31, 2011, 07:51 PM
I was in a relationship for a little over a year and during that time my ex boyfriend bought me gifts such as a laptop, livingroom furnitureand my daughter's bedroom furniture(he's still currently paying for the furniture monthly, but they were delivered to my home reside there)and gave me used gifts such as his old mattress/boxspring, a 40in flat screen TV and a glass TV stand (these items have resided in my home for over 2 years) and now almost 2 years after we've broken up he's asking for them back otherwise he'll take me to small claims court. Obviously I feel this is unfair since I'm a student and need my laptop for school work, my job etc.. I need a mattress to sleep on and I gave him my old sofas in exchange for my new furniture he had purchased for me. These were all gifts and I know he's doing all this to be cruel and holding up to that old saying "If I can't have you no one will". He's military and claims he's talked to his command about this, but I highly doubt a matter this small would even be acknowleged by them. He's sent many death threats to my current boyfriend and has hacked his Facebook account so he could send mean messages to me and make it seem like it's my current boyfriend. What should I do? Is it illegal to take back gifts once they've been given? Will a verbal agreement hold up in court? I live in California if that makes a difference. Please I need actual legal information.. I'm so overwhelmed and scared, I don't know what to do.

ScottGem
Nov 1, 2011, 03:44 AM
A gift is a gift. Once its giving it becomes the property of the recipient. If he takes you to court he would have to prove they weren't gifts.

I would assemble proof of his harassment and try for a restraining order against him.

twinkiedooter
Nov 1, 2011, 09:21 AM
Even if he takes you to court you should win on the verbal agreement. If you had promised to pay him back for any or all of the items he purchased for you that would be a different story. Save the harassments and use them in court to show the person's retaliation towards you about breaking up with him.

AK lawyer
Nov 1, 2011, 12:46 PM
So one might say that your ex is an "ersatzgiver (http://en.wikipedia.org/wiki/Indian_giver)". :)