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I've recently broken up with my partner and he's asking for the bed he bought me as a gift back. Can he take me to court?

New York, NY |

He purchased the bed on his credit card as a gift to me. He has the receipt. I paid half of it (in cash to him) because it was expensive and we had it delivered to my house. Now he is saying he wants it. I refuse, as i have no other bed and it was a gift to me. He is saying he will take me to court. Does he have a case against me?

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Attorney answers 3


For a gift to be enforceable, there must be intent, delivery, and acceptance of the gift. It can be construed that the bed was delivered to you and accepted by you, but whether or not he intended to give you permanent rights to the bed at the time that he gave it to you will most likely be the swing point. Good luck!


It will be his word v. yours. If it was a gift, be prepared to explain why you paid half?

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


Dear Owner:

Why is the bed a gift? You paid for half the cost, the bed was delivered to your house, and you have the bed. That does not seem like a gift. A person does not usually go 50/50 on a gift. You bought the bed together, and you have the bed. You have as much claim to who paid for the bed as does your ex. But the bed is yours to claim as it is in your house.

Anyone may make a claim. Just because the ex claims this bed is his now, does not make it so. Be prepared to defend your ownership interest in the bed if he sues (he will not sue to recover the bed, he will likely sue for his half interest in the purchase and since the bed was used for two years, the value is diminished.)

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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