If you are given a gift by your partner and then you break up, are you legally required to return the item if he requests it back? Can you be prosecuted if you dont? I live in QLD, Australia.
2007-09-02 19:18:46 · 9 answers · asked by Vicarious 4 in Politics & Government ➔ Law & Ethics
Thankyou for all your kind advice. I broke up with him because he assaulted me, the gift was diamonds and I want to sell them to cover some of the debts I was left with after I kicked him out. I think he may well be using them as an excuse to continue hassling me. I have returned everything that was his, or bought by him for "us". I only kept the diamonds coz the police said I was under no obligation to return them and I need the cash I can get for them. Im not a spiteful person, I just didnt want to get into legal trouble. Thanks again for all the answers.
2007-09-02 19:34:56 · update #1
No. A gift is exactly that. A gift. That is why people are encouraged not to give engagement rings as "gifts". If it is given solely as a symbol of pending marriage, if the engagement ends, the ring should be ( and often must be) given back to the buyer. If you gave it at Christmas, they can argue it was a gift and keep it.
Thats here in the USA though. You may have different laws down under, although I doubt you would be arrested for not giving a "gift" back. Most theft laws deal with taking something that is not yours. Something given as a gift is clearly yours, so it couldn't be theft.
2007-09-02 19:27:26 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It can depend on the laws where you live . There is a conditional gift, such as to a fiance , where the gift is given in expectation of marriage. If the marriage does not occur then the gifts should be returned.
That is why wedding gifts should be returned if the wedding does not occur , and engagement presents returned if the engagement is called off.
There may be no "conditional gift" provision in the law where you live. I believe an engagement ring should be returned in any case.
2007-09-03 02:38:50 · answer #2 · answered by mark 6 · 0⤊ 0⤋
The item is a gift. You are not obligated legally or ethically to return a gift.
I can't imagine even asking an old girl friend to return a gift. Besides the leather outfit I gave her wouldn't fit the new girl friend anyway. . .
2007-09-03 02:37:28 · answer #3 · answered by Anonymous · 1⤊ 0⤋
No you are not legally required to return any items given as gifts. Once given they are yours to do with what you wish. However, if it would only be a reminder to you of something sad, you might want to return it to the other person. No you cannot be prosecuted.
2007-09-03 02:26:43 · answer #4 · answered by Diane B 6 · 0⤊ 0⤋
No, you are not legally obliged to return them, and you can't be prosecuted. He may try to sue you in a civil suit, if he's petty enough, but I doubt he would have much chance of winning. After all, a gift is a gift.
If you really feel uncomfotable about it, you could return it and get him out of your life forever.
2007-09-03 02:31:28 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I think the only thing you are required to return is an engagement ring unless he gave it to you on a holiday like Christmas or a birthday because then it is considered a gift.
Tell him to buzz off...then make a list of everything you gave him and all of the bills you paid while you were together and have it ready in case he takes you to court.
What a creep.
2007-09-03 02:27:26 · answer #6 · answered by DeborahDel 6 · 2⤊ 0⤋
No your not. Legally it was given to you and so the ownership of that item now has been transferred from him to you. You can do anything about it, it is just we really tend to take care of the things that was given from someone we care. If he requested that it will be given back to him, its really up to you. If you think that he needs it more than you do and that he really needs it then it will probably be okay to give it back to him but you are NOT obliged to. And dont worry you will not be persecuted, you did not steal it, it was given to you.
2007-09-03 02:30:03 · answer #7 · answered by kidnash 2 · 0⤊ 0⤋
You are not legally obligated. There is a moral obligaiton, however.
In your situation, sell the diamonds and pay off the debts.
2007-09-03 02:38:55 · answer #8 · answered by OC 7 · 0⤊ 0⤋
Asking for the return of thing that was given as a gift is just tacky.
Only my opinion.
Guy should be surfing Burleigh Heads anyway.
2007-09-03 02:28:45 · answer #9 · answered by illiberal Illuminati 3 · 1⤊ 0⤋
As far as Judge Judy is concerned, if it was a gift, no repayment is expected if you break up. If at any time you said, "I'll pay you back" and he can prove that, then you owe him the gift or the money for the gift.
2007-09-03 03:17:46 · answer #10 · answered by AlisonFox(y) 4 · 0⤊ 0⤋