Who owns this computer?

Question

About 6yrs ago my ex's dad gave us his computer (he also gave one to my ex's sis). A year and a half ago we split up and I moved out. The ex said i could have it as he had no use for it. Now he says his dad's asking for it back and that he only gave us a loan of it and he's threatening legal action. What should I do?

Thanks for the advice so far. Since I'm now a low income single parent with two kids, buying another isn't really an option. [This has all came about since I sent a lawyers letter telling him all contact had to be via txt or e-mail since he's became a bit abusive]

Answer 1

wen u r next on ur period, wipe da blud all ova da fing, i dont fink he'd wan it bk then, eh?

Answer 2

In my opinion, it was a gift unless explicitly given as a loan, in the words to effect that "I will loan you this computer for x period and after x period you must return it or do x or pay x amount".

Furthermore, the ex stated that you may retain possession now that it was redundant to his needs which meant that he was never intending a short-term usage of it, hence a loan.

Unless he has something in writing- Judge Judy would rule against him- despite him having a corroborating witness (as the witnesses in your case most likely would be your ex and his sister, which both have vested interest and therefore a reasonable magistrate/judge would deem their testimony as tainted and unusable).

In my view, once you give a gift to someone, it's now their possession, to do with as they please.
I very much sympathise with your situation. If he threatens legal action, let him- I feel that the judge (providing they're reasonable) will view the facts as they are, disregard the lawyer's verbal diarrhea and most possibly judge in your favour.

If not, no biggy- there are many low cost and refurbished computer traders out there. Ask back here again and maybe we all can help out with that.

Answer 3

I am not exactly sure for a few reasons. Did the dad tell you guys or your ex that it was a loan? If it was a gift then and your ex gave it to you it is now yours. It all depends on what you were told when you both got the computer. Its obvious that the ex gave it to you but it all depends if it was technically his or yours. So what I am saying is you need to find out if it ever was a lone if you can.

Good chance your going to be the one keeping it even if he takes legal action unless he can prove it was a loan not many people loan computers because they lose value fast.

Answer 4

Posession is 9/10th of the law. You possess the computer, so it is likely that you would prevail in a small claims court. But, if the Dad has the original receipt and any kind of expired warranty, he could make a reasonable case for it. But, I sill think his chances would be low since he is not claiming that you stole the computer. Once someone gives you something without accusing you of stealing it, it is difficult to show that it was intended to be a loan without some sort of co-signed paperwork.

As everyone else here has said, the computer is practically worthless. I'd give it up to save youself the trouble. Make them pay for shipping it back to them (monitor and all). That will cost double the value of the computer, and they may decide to give-up if you tell them that. Tell your ex that if he shows up at your house thinking he can pick it up, HE IS NOT ALLOWED AT YOUR HOME. Tell him you will call the police and have him removed.

Answer 5

I have a five year old computer and it's really outdated. I gave it to my six year old. Just give the thing back and get a new one. They are not that expensive anymore and you'll be amazed at the speed and features of a new computer. You'll be glad you gave it back and will wonder what in the world you did without a new one all these years. Oh yea, the computer is yours.

Answer 6

It was a gift, and it is yours. After six years there's no reasonable way to call this a loan. Apparently at the time of the split, not even your ex thought this was an issue.

On the other hand, after six years, this is nearly a paperweight anyway. I would give some thought to the value to replacing it just so you could send this one back and get this angry old man out of your life for good.

Answer 7

My opinion is,keep it!Chances are your exs dad will never take legal action anyway,it may be just a threat.If you get a call or visit from the police than just give back the computer that ACCIDENTLY fell on the floor! OOPS!!!!

Answer 8

no such thing as a 6 year loan without paperwork. Unless he had you sign a contract saying he was loaning you a computer he has no chance but if you want let him file suit although he wont win it will cost him 10x more to do that than just get a new computer and i think he is just threataning you because of the outcome of the marriage (sorry to say) fight it... he has no chance and dont show him any intimidation let him say what he wants and you just smile. :) goodluck and laugh about it i can tell you i am :)

Answer 9

If you have witnesses to the effect that the computer was a gift, no problem there. It sounds like your the woman so tell ex-hubby "fine lets go through divorce court and have everything divided up". I guarantee he'll drop this. It sounds like he is just being an as*.

lol

Answer 10

Just remember one thing, possision is 95% of the law, he has to prove it was a loan and not a gift which is impossible, and as already said the computer is outdated, you can get a better quality second hand one for next to nothing nowadays.

Answer 11

If you have sufficient evidence, such as a witness, that he "gave" the computers to you and didn't "say" the work loan or temporary, then you have a great case against him.
However, it sounds like his word against yours and seeing as he asked for them back in the many months you might have a case against him as well.
It depends if it's worth your time and money to oppose it.
He will only take you to small claims court and you don't need to have an attorney represent you, if you don't want one.
tc