Legal Question in Criminal Law in South Carolina

Is it a gift?

My brother-in-law purchased a car stereo system for his girlfriend's truck. From my understanding this was to be a ''kiss and make up'' gift to her for his infidelity. He paid $500 for the car stereo system on his credit card. Now they have separated and he is demanding the stereo system back. He is claiming that he did not give her the stereo system, only that he loaned it to her.

Who has the right to the car stereo system?

Thank you


Asked on 11/13/02, 12:37 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Is it a gift?

As a general matter, if the stereo was truly a "gift," then it is the girlfriend's, and he does not have a right to it, even though he must continue to make the credit card payments... :(. The legal test is essentially his "intent" at the time of the transfer. There must be an intent to give it to her, along with a physical transfer of some sort. In this case, those conditions would seem to be met. Of course, proving his "intent" is often a difficult matter, and is subjective. On the whole, it sounds like the girlfriend has the stronger argument.

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Answered on 11/13/02, 9:59 am


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