QUESTION

Can my boyfriend take the phone that he bought me?

Asked on Jan 27th, 2016 on Contracts - Missouri
More details to this question:
His idea was to get us matching phones for Valentine's Day. But we went ahead and did it a few weeks early and we ended up breaking up before Valentine's Day. When he broke up with me he said I could keep it now he wants it back and is trying everything to get it back.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
While there are some rare exceptions (including, in some states, a gift in contemplation of marriage, like an engagement ring), the general rule is that once a gift is given, the giver loses all rights in it, so that if your boyfriend gave you the phone free and clear, with no conditions, he can't now take it back.  The problem is proving it.  He may claim, for example, that he didn't give you the phone,but only  loaned you the phone to use while you were together.  I assume that you have nothing in writing to prove what happened, so that if the matter went to court, it might wind up being his word against yours.
Answered on Jan 28th, 2016 at 8:58 AM

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