Legal Question in Civil Litigation in California
gifts
When a couple is dating, does the person have the power to get back all gifts that were given during the relationship.
ie. clothes, jewery, money spent on the other person and reimbersements for airfare and hotels that were given while in the relationship.
2 Answers from Attorneys
Re: gifts
The operative word is "gift." A gift is given to another without any expectation of return or reward. The termination of a relationship does not give you the right to have "gifts" returned in the absence of fraud or undue influence.
Re: gifts
No. A gift becomes the recipient's property immediately, and the giver loses all rights to it.
The result may be different if the recipient induced the gift by means of fraud or if he accepted the gift conditionally and then failed to meet the conditions. Your question does not suggest that any of these things happened here.
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