QUESTION
What are my rights if ex is demanding the return of the gifts?
Asked on Jan 12th, 2014 on Divorce - Idaho
More details to this question:
Early in our relationship my boyfriend (and eventual fiancé) bought me a car and financed it. It was absolutely a gift to me. He didn't like the car I had. I have been the only driver. We got engaged. Months later, he ended the relationship and is demanding the car (which is critical to my employment) and the ring be returned immediately. Both were absolute gifts with no strings attached.
7 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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He's out of luck.
Answered on Jan 15th, 2014 at 4:10 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Michigan law specifically states that "engagement rings" are gifts in contemplation of marriage and that if the marriage does not occur for whatever reason then the ring must be returned! I just litigated a case like this and the ex had to pay for the ring. The car is another thing is the title in your name or his? if it is in your name you do not have to give it back it was an absolute gift. If it is still in his name there is a question of fact whether he gave it to you or lent it to you. So unless you have written proof that he intended it to be a gift to you, you should consider buying another one.
Answered on Jan 14th, 2014 at 9:24 PM
Return the ring. But the car is yours.
Answered on Jan 14th, 2014 at 9:23 PM
All he can do is sue you just wait and see what he does.
Answered on Jan 14th, 2014 at 9:23 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If the title to the vehicle is in your name then the gift is complete and you may keep it, assuming you make the payments. The ring may be a different story. If it was given to you in anticipation of marriage and now the marriage is off, then he may be able to sue you to get it back if he does so with in two years.
Answered on Jan 14th, 2014 at 9:23 PM
If you are referring to an engagement ring, then you must return it. It is a gift, but it is a gift in consideration of marriage. The marriage did not happen, so the gift must be returned. The car is a much more gray area and you would need to sit down with an attorney to discuss the facts surrounding that transaction.
Answered on Jan 14th, 2014 at 9:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is the car in his name or yours? If yours, tell him to pound sand. Why did he terminate the engagement? Were you having an affair? Then give the ring back. If he just didn't want to marry you, tell him to pound sand. The ring is yours.
Answered on Jan 14th, 2014 at 9:18 PM