Can a person demand return of a gift

andreariaz

New Member
Messages
5
I was gifted a rare bread cat by my ex for my birthday years ago.
Our relationship broke down.
He threatens to take her back, because he paid for it.
I am the one paying all the bills including vet bills and cost of maintenance.
Does he have the right to claim her back.
I know it can sound ridiculous to some, but I love her to bits and i treat her as a member of a family. Ot would kill me to part with her.
 
Not unusual these days for "furry babies" to become an issue in divorce proceedings and settlements but assuming you were never married, the answer is no.
 
Perhaps if it was an engagement ring but for everything else it seems tawdry and ungentlemanly to make such a request. Particularly when it's done where there is a strong attachment to the pet.
 
Do you have proof that the cat was given to you as a gift? If you do, then your ex can't demand the cat back. But if they don't accept the cat was given as a gift, and you don't have proof, then it is a possibility.
 
Ignore the threats; they are being made purely to hurt you.

Advice on microchipping is good however; if you haven't yet done so, do it now.
 
There are cases that suggest that a gift given in contemplation of marriage is returnable if the marriage does not take place.

And you can have gifts that are given for a specific purpose; if the purpose is frustrated the gift is returnable. E.g. I give you money to buy the set of tools you will need as an apprentice cabinetmaker, but you change your mind and decide not to become an apprentice cabinetmaker; you have to give me the money back. But it has to be clear to both parties, at the time the gift is given, that it is for this purpose only.

But, these cases aside, the whole point of a gift is that you are giving something away; you no longer have any interest it it; it becomes someone else's property. And you have no right to demand that someone else give their property to you.
 
The second headline is actually very misleading.
 
Back
Top