QUESTION

What can I do to prove a gift was a gift after a break up?

Asked on Mar 28th, 2016 on Civil Litigation - Ohio
More details to this question:
My ex and I exchanged Christmas gifts, he had gotten me a Keurig for my apartment as we did not live together. We broke up shortly after the exchange. He is now claiming it wasn't a gift and now he was his property back as I am in possession of something I stole. Out of principle i want to keep it because it was a gift for me but he is saying he is going to file a claim for it. Does he have any grounds to do so and win?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
He will not win if his claim is based on the facts you describe above, but it won't be.  He will claim that the money he paid for the Keurig was a loan, or that it was his and he was just keeping it at your apartment because he spent a lot of time there while you were together, or some other claim other than that the Keurig wa a gift.  There is no guaranty that a court or jury won't believe his story rather than yours, but if you can show that you received the Keuring at Christmas, that you gave him a gift, that the gifts he gave you other than the Keurig (if any) were not commensurate with what you gave  him or with previous gifts on other occasions, I think it is likely that you will be believed.  Obviously, it would be even more helpful if you had a witness, somebody who say him give it to you, or whom he told that he was giving you a coffeemaker for Christmas.
Answered on Mar 28th, 2016 at 12:38 PM

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