Legal Question in Civil Litigation in Florida

Gift reimbursement or return

I have a friend who was engaged to a guy and then had a nasty break-up. Now he's hurt and is doing anything to get back at her. During the course of their relationship, he bought her many things like new tires for her car, a plane ticket to see her parents and other things. Now he's asking for compensation for those gifts and is threatening her with small claims court if she does not give him X-amount of money. Does he have a leg to stand on if there's nothing in writing that says there was an agreement to pay back the money for the items purchased? I believe he has receipts, but again, as far as she knew he was giving her these things ... I mean, who expects their fiancee to pay them back? I appreciate anything anyone can offer.


Asked on 10/19/06, 5:46 pm

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Gift reimbursement or return

Hello: Since I have not researched this issue in a while, this is only a general overview. He could certainly file a small claims suit against her, but he probably would not win. I believe the court would treat the items he gave her or paid for for her would be considered gifts.

There have been a lot of cases argued over whether a woman has to give back engagement rings if the wedding is called off. Again I have not researched this in a while, but I seem to recall the ring is considered a gift. However, I have heard, if she called off the wedding, she may have to give the ring back. I would not say that is the prevailing law in Fla. though. 'Hope this helps. If my office can be of assistance to you or your friend in the future, please contact me. Tom Rosenblum

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Answered on 11/03/06, 11:39 am


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