Legal Question in Civil Litigation in Ohio

Gift versus Loan

A friend and his 2 brothers moved their mother into one of their homes 3 years ago as she has alzheimers. None of the brothers had adequate room at the time for her antique dining room set, so they 'loaned' it to the ex wife of one of the brothers. The ex husband now wants it back, but the ex wife maintains it is a gift and was given to her by her ex husband. Even if her claim were true, it was not his to give, as the assets of the mother are owned by all three brothers and there was no agreement to give her the furniture. The couple were already divorced at the time of the furniture transfer. The brothers do not want monetary compensation, they want the dining room set. What are the options?


Asked on 2/08/05, 6:52 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Gift versus Loan

The option is to sue her for the return of the dining room set. Since you're not seeking monetary damages per se, you might be able to get away with filing in small claims. I'd have an attorney send her a letter first and see if she cooperates. Call with questions. 859-491-5800

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Answered on 2/09/05, 4:15 pm


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