If a person gives you gifts and then you break up with them, if they ask you to return the items but you refuse or discard them, can they take you to court?

Asked on November 27, 2018 under Business Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Once a gift is made, the donor has no right to take it back; it belongs to the receipient and is their sole property. Accordingly, you can be sued (you can be sued for just about anything), however assuming that they cannot offer proof that the gift was actually on loan, they will not win.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A gift, once given, cannot be ungiven; it belongs 100% to the recipient, and the giver has no right to them. The receipient can do whatever he or she likes with them: keep them, sell them, re-gift them, discard them, etc. The giver cannot sue for his or her gifts back.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.