Legal Question in Real Estate Law in California

If a boyfriend gives you a gift and then after the breakup can he take it back? I was given a 400 dollar computer as a gift and now he is threatening to report that I stole it unless I give it back or pay for it. This was given to me months ago as a gift do I legally have to give it back?


Asked on 11/09/11, 3:46 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You may wish to post this question in a differnt forum. You posted it to Real Estate and Real Property which are not areas of law which would relate to the issue you posted. The question you posted, however, is one that will come down to proof. Who can prove that it was either a gift, or that you stole it from him. Assuming you can prove that the gift was made at a time when you were still together, then the pressumption would be that it was a gift, and unless you are a less-than credible witness, it is more likely than not that a judge would find your claim that it was a gift credible. If you do not return it, he must either sue you (meaning a judge will decide the case based on who he believes), or he will attempt to file a police report. The police will probably take a report, but they are not likely, absent proof that you stole it, to take you into custody or even file charges. They don't get involved in domestic matters absent abuse.

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Answered on 11/09/11, 4:02 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Gibbs. I write further to urge you not to date guys like this in the future.

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Answered on 11/09/11, 5:05 pm


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