Legal Question in Family Law in California

recovery of wedding gift

My son got married on 4/7/00. I Gave him a 55" projection TV worth $1,765 on 3/3/00 as a going away gift, delivered to his fiance's home. I failed to make this clear to them, they assumed it was wedding gift. On wedding I gave $300 cash & $60 gift. They are now separated. I feel that it is unfair for me to pay for it. I want it back. My son is okey with this, his wife is unwilling. She said she will give it up if Best Buy Store takes it. The store policy is 30 days return and buyer must return. If I do not make payments they will not repossesses but it will affect my credit. Is this a legitimate claim for the Small Claims Court? Or it there anything else I do?


Asked on 6/28/00, 12:42 pm

1 Answer from Attorneys
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: recovery of wedding gift

Yes. if you can prove to the court's satisfaction that this was a "gift" to your son. It would not be community property, but rather the separate property of your son, and as the owner he could return it to you. If you won in court the judge or comissioner could order that the wife release her claims and that the TV be returned to you.

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Answered on 9/05/00, 8:05 pm


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