Legal Question in Civil Litigation in Texas
Gifts in a relationship???
If someone gives you a gift in a relationship (boyfriend and girlfriend) which is around $1600 and then about a year after that person gives you that gift you break up. Can that person ask for that gift back? Or can that person take you to court and get that gift back?
1 Answer from Attorneys
Re: Gifts in a relationship???
They can always ask.
As to court, it depends on whether the gift was an absolute gift or a conditional gift. If the latter, what were the conditions and who changed them. The classic example is an engagement ring. If the girl breaks it off, the ex may have a right to the return of the ring. If he breaks it off, he has no claim to the ring.
That gift was conditional as an agreement (by the girl) to marry the boy. If she refuses, then she's broken the underlying agreement. But if he breaks it off, she was still willing to go forward with the promise and so she hasn't broken the underlying agreement.
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