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Alex3000 · Dec 2, 2011, 04:28 PM

One of my friends got the new iPhone 4s as a gift from her boyfriend, but a week after getting the phone, they had an argument and broke up. Her exboyfriend is now saying he wants the phone back because he paid for it and bought it outright from Apple under his name. We live in Melbourne Australia so I'm not quite sure of the laws. Who is right legally? Is my friend able to keep the phone if it was given as a gift?

odinn7 · Dec 2, 2011, 04:31 PM

It was a gift while they were still together... the way I see it, it's hers if she really wants to keep it. Of course, is there any point in being that way? If it was up to me, I'd just give it back and be done with it.

Alex3000 · Dec 2, 2011, 04:34 PM

She wants to keep the phone because its her phone now, but we were wondering who is right legally. We're 17 years old if that makes a difference

odinn7 · Dec 2, 2011, 04:37 PM

I can't answer the legal part of it but I'm sure someone will come along that can. Actually, I think that since it was a gift, it would be legally hers... but don't quote me on that. Like I said, someone better versed in the law will come along soon.

Homegirl 50 · Dec 2, 2011, 07:13 PM

I don't know about legally, but I would give it back. He gave her the phone based on them dating. They are no longer dating.
Why would you keep it though? Give him the phone back and be done with it. There really is no IMO moral reason to keep it. Buy your own phone.

Jake2008 · Dec 2, 2011, 11:18 PM

We aren't talking about an engagement ring, with a promise of marriage. It's just a phone.

Maybe she too had given him an expensive gift along the way. Is a gift subject to return if the relationship doesn't work out, and if so, at what point. One week, six months, 24 hours?

A gift is a gift is a gift. I doubt the relationship was on solid ground if a split happened anyway.

He should learn not to spend so much money on gifts. She should learn that accepting expensive gifts from a boyfriend that is nearly out the door, is not a very honourable thing to do.

If she is the type of person to use the phone without guilt over who paid for it just before a split, and have no qualms about it, so be it.

I know I would beat a path to his door to return the gift, and hope that he could get a refund.

rsacid · Dec 3, 2011, 05:19 AM

It was a gift, legally it is hers, I personally would not want to keep it. But, that is something she has to deal with

talaniman · Dec 3, 2011, 09:35 AM

Sound to me like a phone is being used to keep in touch with each other if only to argue, or hurt one another.

A gift is a gift, but is a phone worth the aggravation? Obviously it is, or why not just return it and be done with that person? 17 year old love drama, and confusion, and have made a freakin' gift a bigger deal than it should be, on both sides.

Personally, I would never give a phone as a gift (old school, I know), and if I did and got dumped I sure wouldn't ask for it back, just have it turned off and out of my name, or whomever name its in.

What, is he supposed to pay for the calls after being dumped? I don't think so!! The proper thing to do is put it in the name of the one who has it, and uses it, but that's to easy, isn't it.

When you keep a gift, then you are responsible for maintaining it.