What are my rights if my father and his wife purchased a few items for my son as a gift for his baby shower but now they want them back because I’m not speaking to them?

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What are my rights if my father and his wife purchased a few items for my son as a gift for his baby shower but now they want them back because I’m not speaking to them?

I would love to give them there items back because my son doesn’t need them but they want it on their time and it’s not convenient for me. Now she’s threatening me to take legal action. What can go wrong in this situation with me?

Asked on January 9, 2016 under Business Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't have to give them back--period. If someone gives or gifts something to you, it becomes yours, and the gift giver has no further rights in or to the items. Keep the items, give them to someone else with child, throw them out, etc.--they are yours, and you may do anything you like. If they try to sue you, unless they can convince a court that they never gave you the items but only loaned them to you temporarily--which is probably very unlikely, since those sorts of items, from parent or in-law, are almost invariably gifts--they cannot win.


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