Does he have to give it back or not?

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Does he have to give it back or not?

My husband bought and surprise me with a motorcycle for Christmas. We are now separating and he still wants to keep the bike from me. However, I have video and texts him saying that it was a gift and that it is my bike.

Asked on September 17, 2019 under Family Law, Ohio

Answers:

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

Answered 2 years ago | Contributor

Assuming that you can prove it was a gift, then your husband had to right to take the motorcycle back. Once given, a donor cannot revoke a gift; the recipinet has complete claim to the property. Accordingly, you can go to small claims court an sue him for return of the motorcycle (or for its value).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A gift, once given, cannot be ungiven: once it is given, it is the property of the recipient and the giver has no more rights in or two it. If as you say, you can show or prove that it was a gift to you, then he has no right to it.


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