2007-04-21 15:55:47 · 17 answers · asked by manny 1 in Politics & Government ➔ Law & Ethics
Gifts given as part of a non-contracted relationship are legally the same as gifts given for any other reason. They are gifts, and are not conditioned on staying together. Virtually no standing in court to claim that you breaking up with her entitles her to get her gifts back. A really big example of this is an engagement ring. Suppose a guy gives a girl an engagement ring and she says she will marry him. If they later break off the engagement, he has no right to the massively expensive diamond ring, because it was a gift.
If you have signed a marriage license with her, things are more complicated, but I assume that's not the case since you described it as 'breaking up'.
2007-04-21 16:04:07 · answer #1 · answered by lockedjew 5 · 0⤊ 0⤋
Not usually. "Gifts" are just that -- you don't give gifts on the condition that you're still together. Just make sure there's no way she can claim they weren't gifts.
The notable exception to this rule is the engagement ring, or any other gifts that are given that can be considered contracts.
If you give an engagement ring, there is an implied intent to marry. If she accepts the ring, there is an implied agreeement to marry.
If you don't marry, you have broken the implied contract, and the ring goes to the person paying for it.
To have as little hassle in your life as possible, though, it may be worth it to you to just figure out a system you can agree with, so that the breakup doesn't drag on forever and become more bitter than it has to be.
2007-04-21 23:14:41 · answer #2 · answered by CrazyChick 7 · 0⤊ 0⤋
I was home sick for 4 months and watched a lot of court tv. If it was truly a "gift" from her to you then she can't ask for them back. If you had an agreement that you would return them if you broke up or if it was a loan then you have to return them. She sounds bitter and if that is the case then she won't win. She is wasting the courts time.
2007-04-21 22:59:23 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Manny gifts are gifts, once given they are the property of the one they were given to except for engagement rings. If you give an engagement ring and the marriage plans go south you get the ring back.
2007-04-21 23:05:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If they were gifts, they are yours and you don't have to give them back. If she ends up taking you to court, try to find stuff to counter sue her for. Maybe she owes you money. Tell her if she wants her gifts back she has to repay you for every time you paid for her dinner, movies, etc., and that you want your gifts back.
2007-04-22 06:20:30 · answer #5 · answered by Alan S 6 · 0⤊ 0⤋
It depends on where you live. Some states mandate that things like engagement rings be given back so she may have a shot. Is it really worth it?
2007-04-21 23:05:39 · answer #6 · answered by Sugarshots 4 · 0⤊ 0⤋
If it was a gift, she can't get it back.
Besides, the fact that you are in possession of the items make any claim she has exceptionally weak.
2007-04-21 22:59:21 · answer #7 · answered by JB 4 · 2⤊ 0⤋
Gifts are just that, gifts. she cant get them back even with proof that she brought them.
2007-04-21 23:05:41 · answer #8 · answered by Ebony 2 · 0⤊ 0⤋
She needs to have receipts to prove she actually bought things. Also, some things have a depreciation value because they're used.
Without proof, it's her word against yours. Is she really this petty?
2007-04-21 23:00:17 · answer #9 · answered by Suze 6 · 0⤊ 1⤋
negative, it was given as a gift and it will not hold up in unless it was written down that gift had to be returened if a brakeup were to accure, then she would win!!!
2007-04-21 23:00:44 · answer #10 · answered by brittany W 1 · 0⤊ 1⤋