Legal Question in Personal Injury in New York

Gifts do they exist when breakups occur

I was dating a girl on and off for 2 yrs, she bought me a Rolex watch for Christmas. Now that we have broken up she wants it back, and is threatening to take me to court. We are not getting back together no matter what. Do i have to give it back or is it a true gift? If it is a gift what statute can i direct her to so she knows. HELP!!


Asked on 5/09/04, 9:53 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Gifts do they exist when breakups occur

If it was a true gift, it is required that she intended it to be yours free of any condition. If she meant as a gift in contemplation of marriage, it must be returned if the marriage never occurred. If she wants you to return the watch, and you are no longer together, what is to be gained by keeping this attachment to a past relationship?

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Answered on 5/10/04, 9:22 am


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