My husband recently asked me for a divorce, I took our 4 yr old son and moved in with my parents. For christmas we bought our son a child's 4 wheeler my husbands mother went in halves on it WITH US. Now that we have separated she is threating to take me to court if I don't give it back to her. Says she wants it to be kept at her home... She lives hours away and if I gave it back he would be heartbroken. My husband is trying to pressure me into giving it back as well. Can I be forced to return a christmas gift?

No, it is just that a xmas gift for your son. Let her take you to court, it will simply show the court how silly they are.

A gift is a gift nothing more.

Mr. Yet is completely correct. Civil courts enforce rights and obligations between parties. There are no rights or obligations that attach to a gift.

No as noted they can not, and you need to tell them they should be ashamed of thierself wanting to take their grandchilds toy away from them.

They get two thumb down as a grandparent in my book

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Originally Posted by amandastv

My husband recently asked me for a divorce, i took our 4 yr old son and moved in with my parents. for christmas we bought our son a childs 4 wheeler my husbands mother went in halves on it WITH US. Now that we have seperated she is threating to take me to court if i don't give it back to her. says she wants it to be kept at her home...She lives hours away and if i gave it back he would be heartbroken. My husband is trying to pressure me into giving it back as well. Can i be forced to return a christmas gift?

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Ownership is 9/10ths the law right?
A gift is a transfer of ownership from the one who made the purchase.
If you give someone something it becomes there responsibillity.
If the four wheeler belongs to your parrents own the four wheeler and they said your son can borrow it. Then you would have to give it back. Besides.. what could she do with a child's four wheeler? Legally, it belongs to your son. He does have those rights.

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Originally Posted by Killerfishmonkey

ownership is 9/10ths the law right?
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Actually its POSSESSION not ownership. And that's only where ownership can't be legally established.

But that's not the issue. The others are correct, a Xmas gift can't be taken back. But I decided to respond for a different purpose. You need to explain to your husband that the divorce is going to be hard enough on your son, without being petty about things like this. Tell him that whatever problems he has with you and your marriage this is still HIS son and does he really want to hurt him like that? And do his parents really want to alienate their grandchild by taking away a favorite toy? That is what they have to think of.