Legal Question in Civil Litigation in New Jersey

can a christmas gift from a significant other be taken back?

I was living with my boyfriend and we had discussed plans to marry. For Christmas last year he gave me a digital camera, worth about $700. When we broke up the following July and I moved out, he took the camera and refused to give it back. Does this constitute theft on his part?


Asked on 11/02/00, 4:40 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: can a christmas gift from a significant other be taken back?

The gift made the camera yours and you are probably correct in thinking that it has now been stolen from you. Technically, you could report it as stolen and pursue it criminally or file a claim against him in Small Claims Court. HOWEVER, why bother? You are probably more upset because it arose out of a relationship gone bad. Isn't it time to move on? Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/17/00, 4:17 pm


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