Legal Question in Real Estate Law in California

I have a situation that i'm not quite sure how to deal with. I recently had a bad break up with my ex-boyfriend. He bought me several gifts throughout our relationship, that i never asked for. When we broke up i had agreed to give everything back but he kept avoiding my calls to make arrangements to get the items. Almost a month went by, during this time we had a house fire and the insurance company had to pack up the house and we had to move out only taking what we needed. After this situation he has been harassing me trying to get the stuff back that i no longer have in my possession. He is threating to sue me for the amount of the gift if i cant get them back. So my question is, does he have a case against me? And would he actually be able to follow through with this?


Asked on 8/23/10, 1:17 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

When a gift is completed - by delivery and acceptance - ownership of the thing given changes hands. (There must also be an intent to make a gift - if the parties are just joking around, and this would be obvious to a bystander, there is no gift).

You own the gift items just as surely as if you had purchased them with your own money.

Agreeing to give them back is, therefore, offering to make a gift of your property, but since a gift requires delivery and acceptance, you have not yet made the gift, nor are you obligated to follow through and do so as a matter of law. Without more, no legal obligation attaches to an offer to make a gift.

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Answered on 8/28/10, 1:39 pm


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