Legal Question in Civil Litigation in Missouri
Break-up Payback
I have an ex-boyfriend who after only a few months of dating and many purchased gifts wants to be reimbursed for everything he spent on me. We got into a huge argument about it and he tried to throw in my face all the things he bought for me and accused me of using him. All because I was no longer interested in dating him again. During the heat of the argument I said he could take it and I didn't care. At the time he didn't want it. At the end of the conversation he said that he wanted to be given back all the things he ever gave me because he believes that everything belongs to him. And he would also like to be reimbursed for all the money he spent on me. I told him that everything he bought for me belongs to me and I will not give it up. In my possession I have a camera of his and I also owe him $ 150 because of a misunderstanding that took place. Is it legal for him to sue me for everything he gave me and is there a way I can give him his camera and money back without having to go to court?
1 Answer from Attorneys
Re: Break-up Payback
The law treats everything he gave you as a gift, as well as all the money he spent on you. Is he really going to go into court and say that he was so hapless that he allowed you to use him? Where is his pride?
A lawsuit of this variety wouldn't last very long in court. If, at the time he gave you the gifts and spent the money on you he did it voluntarily and willingly and under no compulsion of any kind, he cannot later claim a different mental state and convert these "gifts" into loans of some variety. This is sad and pathetic.
The only time a gift is returnable is when it is a conditional gift. For example, an engagement ring. When the engagement is broken, the ring can be compelled to be returned. I know of no man with any class who would make such a demand, however, and few women who would reject the demand if made. There are few stings more painful than a broken heart.
If your former beau continues to demand this money and property, and you feel threatened by his actions, you can always take out an order of protection against him.
I wish you the best of luck, and I wish good things for the young man too; he has some growing up to do.
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