QUESTION

Can someone take a car away that they gave to me?

Asked on May 18th, 2017 on General Practice - Illinois
More details to this question:
My boyfriend was driving my car. It broke down out of state. He called me to ask what he should do. He offered to trade it in & buy me a new one. I said yes. He traded my car in & brought a new one home. Now we are ending our relationship. He said he wants the car. Does he have the right?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
He has no right to take back an unconditional gift (he could have that right, depending on the law of your state, if it was a gift in contemplation of marriage, like an engagement ring).  However, absent some other evidence (an email, a letter, another witness, etc.) this is he said/she said.  He will probably claim that he didn't GIVE you the car, but only allowed you to use it while the two of you were together.  No one can guarantee who a court will believe.
Answered on May 19th, 2017 at 7:52 AM

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