Legal Question in Personal Injury in California
My daughter recently had a bad break-up with her ex-boyfriend. He has threatened legal action against her if she doesn't return the gifts he had given to her throughout the relationship. He has intimidated her and stated he would sue her for the value of the items, since she felt threatened and has never been in this situation before, she offered to give the things back. Once I heard about this situation I became involved, as I don't feel she should have to return the items. These items are not high value items, they are typical gifts given, such as stuffed animals, earrings, purse, clothing, etc. It is my understanding that gifts received during a relationship do not have to be returned, is this correct? Does he have any legal recourse against her? Is there a way to stop him from harassing her over these items? Since she did at one point offer to give the items back does he have a valid case against her?
3 Answers from Attorneys
If they are gifts, there is no lbligation to return them.
A sense of honor may act differently.
The items have little value, she offered to give them back, he is harassing her because she has not given them back, keeping the items will only remind her of him which she does not want--why are you insisting on stirring up all this trouble? Finish the breakup by giving the items back. Your daughter does not want them. You are teaching her that it is more valuable to irriate someone then to make a compromise that makes everyone happier and costs her very little.
If the items were given as gifts with no strings attached, then legally she can keep them as he gave away all rights of ownership. If they were given as part of the relationship--intended to keep the relationship going smoothly--he is entitled to them back as he never gave up all ownership rights as the "gifts" were subject to the relationship continuing.
The gifts are hers to keep. Offering to return them in the face of harrasment is not binding. I tend to agree that giving them back might help her forget about him but that is a personal issue, not legal. Legally they are hers. If he keeps harassing her, 1. tell him to go ahead and sue, and that you will follow up with an abuse of process action action against him after he loses, and 2. tell him that if he wants to go to court, do it and leave her alone or you will get a restraining order, and 3. if he doesn't leave her alone, get the order.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
