Legal Question in Wills and Trusts in Massachusetts
Division of gifts in divorce
I gave my husband and step-son a trip as a Christmas gift in 2005. In January, we completed our divorce agreement, at which time I told him I could not afford the trip and would be cancelling it. The trip was not mentioned in our divorce agreement.
Our court date was Feb 2, 2006, so after the 30 days were up, I cancelled the trip. He is now suing me for the cost. Is he able to do this?
1 Answer from Attorneys
Re: Division of gifts in divorce
It sounds like bad blood. Your ex is going to say that he relied on your representation to his detriment, and thus the court should enforce the promise of a gift. Your argument is that it was a gift, which you told him that you could not afford, and thus he had notice that you were not going to honor the gift. Short of this a promise of a gift in most circumstances, is not a contract, and in most circumstances will not be enforced by the court. If you have any questions contact me.
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