QUESTION

Can someone legally take back a gift if it is financed in their name?

Asked on Oct 21st, 2013 on Civil Litigation - Pennsylvania
More details to this question:
My boyfriend bought me a laptop as a gift 5-6 months ago. He is now demanding that I return it about a month after we broke up. He says because it is financed in his name, he can take it back and press charges.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If your ex gave  you the computer as an outright gift, he cannot take it back.  The problem is that this is a he said/she said situation, with no guarantee as to who a Judge or jury will believe.  He may say that he didn't give you the laptop, but only allowed you to use it, or that he only gave you the first few payments on the laptop and you were supposed to make the remaining payments, or that he only loaned you the money to buy the laptop, but you were supposed to pay him back.  While criminal charges are theoretically possible, they are very unlikely in this domestic, penny-ante he said/she said situation, but a civil suit is more possible.
Answered on Oct 22nd, 2013 at 12:23 PM

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