Legal Question in Civil Litigation in California
My domestic partner gave me a computer 3 years ago. Now our relationship is over and she moved away and found another partner this has just come to light. She now wants it back or money which is more than it worth. However So months ago I spent $200. On up grades for it she doesn't want to deal. What are my rights?
2 Answers from Attorneys
If the computer was a gift, you can keep it. Your ex doesn't have the right either to demand it back or to make you pay for it.
If it wasn't a gift, then I would need to know more about the circumstances before I could offer a useful answer.
Mr. Hoffman is correct. In addition, if you go to small claims court, the judge will want to know who primarily used it during the three years, who maintained it, etc. Bring evidence with you of both, including cancelled checks, invoices, etc. Or, if that's not worth your time, offer to split the reasonable value of the computer at this time -- not the replacement cost, of course, as more powerful and faster computers are now available for what she probably paid back in 2008.
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