Legal Question in Civil Litigation in Virginia
A Gift?
My ex bought me a tv for christmas, we broke up and she wants it back. We are students at a university. She told the campus police that she wanted to get it back. They gave us a summons to an informal hearing in student judicial affairs to settle it. It wasn't resolved there. So we got a formal hearing in student judicial affairs. The Vice President of Judicial Affairs notified me in the informal that if she could produce a receipt that she would make me give her the tv back. I know she can produce a receipt. But I am pre-law and I know that once a gift has been given it cannot be revoked. My ex says she bought it contingent upon us starting a life together, but that was never told to me. She says it is ours even though it has been in my possession the entire time. She has never had it except in waiting to give it to me. My question is if she produces the receipt do I have to give it back? And can the university make me give it back? If they order me to do so, what do I do? I know that I studied something about gifts not being able to be recovered once they are offered accepted and delivered. Did all those things happen when I got it as a christmas gift? And where can I find the documentation to take to student court if I am right
2 Answers from Attorneys
Re: A Gift?
READ THIS FIRST: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop reading now.
RESPONSE: Technically, you are right: if your ex-girlfriend gave you an unconditional gift, the gift is yours to keep. As a practical matter, it will come down to an issue of proof. Can you prove she intended the TV as a gift? Do you have an email or a gift card that accompanied the TV, saying "Here, enjoy your new TV. Happy Birthday!" or something like that? Assuming you don't, it's going to be he-said she-said, and if you end up in small-claims court, either one of you could win. TVs are cheap nowadays. Fighting with her is probably not worth your trouble. Consider taking the high road and just giving it back as a courtesy, even though the law doesn't require you to do so.
Re: A Gift?
As far as I am aware, the student court is an administraive proceeding and any decision coming from it does not have the enforceability of law.
And, yes, your take on the legal issue involving gifts is correct, i.e., once the making of the gift is complete, the giver no longer owns what was given and the recipient is the legal owner and is in no way legally obligated to return the gift to the giver.
You might, however, in this case want to consider giving the tv back to your former girl friend, particularly,
if you never had given her any gifts
of similar value.
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