Ask Experts Questions for FREE Help !
Ask
    AMT86's Avatar
    AMT86 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 31, 2011, 07:51 PM
    Is it legal to take back gifts from someone?
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    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's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
    		  
    #3

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #4

    Nov 1, 2011, 12:46 PM
    So one might say that your ex is an "ersatzgiver". :)
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is it legal to take back a car you are paying for even if it is not in your name? [ 4 Answers ]

My daughter received a new car as a gift,from her mother-in-law. The car is in mother-in-laws name, but she drives and pays it.. now the mother-in-law wants the car back to give to her daughter ,in exchange she is giving my daughter an old 98 honda that belong to her daughter ,my daughter has...

Any legal recourse to POA/Executrix taking items of estate prior to death as 'gifts'? [ 3 Answers ]

OK. Just found out the executrix of an estate who was also POA before death took several items to Goodwill for donation and had her own name put on the receipts and used these for her own itemized deductions in her taxes (not the account of the decedent, as her taxes aren't itemized) Sure, these...

Giving his gifts back. [ 75 Answers ]

Ok so me and my boyfriend have been dating for about 8 months now. For a couple months, around our 4 months/5 months, I didn't feel the butterflies anymore, and was deciding on whether I should dump him, or continue dating him to see if it was just a rough patch. Now in the present time, I feel...

Do I have to give gifts back after helping my neighbor? [ 5 Answers ]

My wife and I helped an elderly neighbor with hundreds of hours of our time for the last 4 years i.e. helping her: refinance her house, income tax, driving her to doctors. soc. Security problems, picking up groceries, etc. We never accepted any money (or wanted any). She did give my wife several...

Wedding Gifts- Money vs gifts [ 2 Answers ]

Our grandson is getting married. The brides family is very wealthy while we are of meager income. Is it proper to give a modest gift of money or more proper to give a gift?

View more questions Search