Legal Question in Civil Litigation in Maryland
Can my ex-fiance sue me for gifts that he bought me and had delivered to me while he was in Iraq? He never lived with me, but had them delivered to my address. Now he is home and is suing me for living room furniture, tv's, wedding band (that is in my posession), and an air system that he had installed in my home. I gave him the back the engagement ring, but was told by friends that legally I did not have to give that back. Now he wants the wedding band too, he bought them as a set and told me to keep them. The papers that he had served to me at my residence total over $8,000.00 worth of items. He didn't start wanting his items back until he knew that I was dating someone else. I just want to know if he has a leg to stand on in court. Thank you very much.
2 Answers from Attorneys
It really depends on what was given to you as a gift and what was not. The engagement ring may have been a gift, but I can see how he could claim that he had not yet given you your wedding band, you have no right to his unless you paid for it, and you never did get married.
You stated that you were served some papers, was it a complaint and summons? If so, you need to follow the dictates of the time line set forth in the summons.
As far as the ring is concerned, in one Maryland case the court noted, "on [the] theory of [a] conditional gift, that gift of engagement ring was recoverable by donor on failure of contemplated marriage." This isn't the case in all states.
As far as the household items, you should produce all e-mails, letters, and other evidence to support your theory of a gift. Also, if you have witnesses who have heard him talk about the gift, you should have them in court to testify.
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.
