Legal Question in Civil Litigation in Utah
Expensive Gifts
If you are cohabitating and expensive gifts are exchanged - can one party sue the other for the cost of the items? No contract, or bill of sale was exchanged.
Asked on 11/13/03, 12:33 am
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: Expensive Gifts
Generally once a gift is given, one cannot sue. The exception is that if there are conditions attached to the gift. Example, John asks Susan to marry him and gives her a diamond. Later Susan refuses. John can sue for return of the diamond, as the gift was conditional on getting married.
If you have cohabitated more than two years, you may have a common law marriage, in which case the property may become marital property, and subject to division.
Answered on 11/13/03, 5:31 pm
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