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


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.

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