Legal Question in Family Law in Australia

Obligation to return gifts after relationship has ended.

I was in a relationship for three months, we lived together and during that time he gave me a gift (diamonds.) He physically assaulted me and was removed from the premises by police. All items that were his, or were purchased by him for ''us'' have been returned to him. However I sold the diamonds to pay the rent after he left. He is requesting to have them back and threatening legal action. Can I be prosecuted if they are not returned? The police told me I was under no obligation to return them as they were a gift. Is this true? I live in QLD, Australia.


Asked on 9/03/07, 2:04 am

1 Answer from Attorneys
Bruce Provan Harrington Family Lawyers

Re: Obligation to return gifts after relationship has ended.

I agree with the police. As it was a gift you cannot be prosecuted if you do not return the diamonds. He may try to recover the diamonds or some part of their value if the two of you resided together in a de facto relationship. But he would need to sue you in a state court and unless they are worth a lot of money he probably won't bother.

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Answered on 9/03/07, 2:18 am


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