Legal Question in Civil Litigation in Florida
Gift giving
A friend of mine was given a motorcycle by her boyfriend. They have since broke up and he wants it back. Does she have any rights to it? There were witnesses to this gift giving. What can she do?
1 Answer from Attorneys
Re: Gift giving
If the motorcycle was truly a gift to your friend, then, as between your friend and her ex-boyfriend, your friend is the owner of the motorcycle, and the ex-boyfriend has no legal right to take it from her or to expect her to surrender possession of it to him.
You did not say what kind of motorcycle is involved. The situation might be more complicated if the motorcycle is covered by title and lien documents. Did the ex-boyfriend transfer the title to your friend? If there is a registration involved, was that transfered to your friend or has she registered the motorcycle under her name as owner? If there was financing on it, what arrangements were made with regard to assumption or repayment of the loan?
In other words, there may be more involved here, but you have not given enough facts. If you have follow-up questions, feel free to contact me.
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