He wants back the gifts
Q: Dear Mrs Macaulay,
I was in a relationship for close to a year. The man is much older than I am, and he was the one who pursued me until I finally gave in. During the course of the relationship he bought me several gifts and at no time did he indicate to me that the items came with any conditions. He would travel and ask what I needed and then he would buy them. The relationship didn’t work out and now that we have broken up he is insisting that he wants back the stuff he gave to me. What rights do I have to these gifts? Can he sue me? What does the law say as it relates to gifts?
A: I am very grateful that you wrote to me about this issue as it is one which I had hoped to address before.
I understand that you commenced a relationship and that during the relationship you were asked to list items that you needed, and these he bought and asked nothing of you in return, and certainly no monetary payment.
However, you say that after the relationship broke down, he has not only asked you to return the gifts, but is insisting on this.
The law and the rights you have to the gifts are simple and straightforward. Once you receive a gift with no conditions of (1) only periodic use or (2) of some payment in exchange for it, it is in law your property. You own it. You are entitled to ignore his requests/demands that you return them to him. These demands are clearly based on the fact that you ended your relationship with him.
Can he sue you? Yes he can, but he will not succeed and will merely embarrass himself in court as the gifts became your property outright the moment he gave them to you of his own free will. So, my dear, you need not return them unless you freely decide to do so if you wish to retain no reminder of him, or be reminded by him. The decision to return them or not to return them is yours and not his, because they are your property.
Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver. com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5.
DISCLAIMER:
The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.
