Is it legal to take something back, that you had given to your stepson and his business?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to take something back, that you had given to your stepson and his business?
My step father gave me a horse trailer to
make into a horse shoeing rig over two years
ago. I have invested close to 1,000 into
fixing up the trailer. We have had a family
fight and now he wants my trailer back as a
form of punishment to me speculation. Do I
have any legal rights here?
Asked on April 1, 2016 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Legally, if it was given or gifted to you, he can't get it back: a gift, once given, cannot be ungifted and belongs to the recipient.
Practically, if there is nothing in writing documenting that this was a gift and not a loan, if he's prepared to lie and take this to court, it will come down to who is more credible or believable, and/or has more credible or believable witnesses on their side; a court could potentially find for him and order you to return the trailer (or pay its value), if you have no proof this was gifted.
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.