Legal Question in Civil Litigation in Pennsylvania

Reposession of a gift

Approximately 6 years ago, my girlfriend was on a cruise with her boyfriend at the time. They purchased a painting on board for about $1,000. (on his credit card.) After the cruise, he had the painting shipped to her house (as she was the one who had wanted to buy it). Shortly thereafter, they broke up. She kept the painting. (He told her to keep it.) She offered to pay him for it but he refused, in all honesty, out of the kindness of his heart. He knew she was low on cash and probably thought they would eventually get back together. However, they did not and have generally lost touch, save for a few brief phone conversations to just say hello. He had never mentioned the painting until now, six years later. She recently received a letter from him demanding she sends him the painting. (It has appreciated significantly.) Does he have a right to the painting or is it hers? Feels like he gave it to her, as a gift. He is now contending it ''was a loan''. If he sues, should she settle or go to court? Any precdent in this situation? Who would win? Thanks!


Asked on 2/05/07, 9:21 pm

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Reposession of a gift

If it was not in contemplation of marriage it sounds like a gift. These cases are VERY fact specific. If considered a gift it belongs to your girlfriend. The question of whether or not to settle becomes an economic issue. How much will it cost him to pursue, how much her to defend & how much is the item worth. If there's sufficient value to the item, she may want to pay to have a consultation with an experienced attorney so that a strategy can be formulated. Please feel free to contact my office. Good luck!!

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Answered on 2/05/07, 10:44 pm


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