Can I sue someone for a bed that I paid for but used their good credit?

My ex and I bought a bed together while we were dating (we were never married). I was the sole income so I paid for the bed. We used her good credit in order to finance. I have paid the bed off completely, but when we broke up (well when she kicked me out) she kept the bed. I am wondering if I can sue her for the cost of the bed or to get the bed back?

Asked on June 30, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, you are legally entitled to bring a lawsuit against your "ex" with respect to the bed that you have written about. However, from what you have written, most likely you will not prevail. The rationale is that most likely the trier of fact will determine that the bed was a "gift" from you to your "ex" much like the fact that the "ex" probably gave you items as well during the period of your relationship.

Once a gift is given, it cannot be legally taken back by the person who gave the item.

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