Is it legal to take something back, that you had given to your stepson and his business?

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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 5 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.


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