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If someone bought you gifts.. and then the relationship ended.. they demanded their presents back.. can they take them? or do they not have a legal leg to stand on?

It depends on the gift and the circumstances under which it was given.

For example if they bought you a DVD for your birthday it wouldn't be viewed in the same way as if they bought you a house in the belief that they were going to move in with you and live happily ever after. These are extreme examples at opposite ends of the spectrum. But, there is a massive grey area inbetween.

Hmmmm..

Might be a good lesson for him or her to learn that "money don't buy you love" if you kept the gifts.

Storm wrote:If someone bought you gifts.. and then the relationship ended.. they demanded their presents back.. can they take them? or do they not have a legal leg to stand on?

Id give him back the gifts i didnt really like and keep the ones i liked!

Then again,if i was glad to see the back of him,id probably throw them in his face...

In Canada, legally.... gifts are gifts. That means there are no strings attached.
BUT...(a little string...) you have to prove that they are gifts. Document it well.

Why I know? I went through it. My ex-husband wanted to divide everything down the middle including sets of lamps and silverware (6 settings for me and 6 settings for him) after we separated.
Many men (including my ex-husband) love to buy their wives or partners lovely things for the home like a new dishwasher or a Kitchen-Aid centre....or even a new car for Christmas.
When the marriage/relationship is over, he might turn into the revengeful hurting man from Hell in which he then screams that everything should be divided equally...and there go her presents that she gotten for Christmases, birthdays and anniversaries....disputed in court.
Her presents to him? New wallet, clothes, personal items like fishing rods and $500. worth of tackle, expensive watch and a $1000. golf set? Designated his as it's personal items...as per lawyers.

I always tell the girls now..."Never accept presents that can be harranged in court as part of household property. Always ask for jewellery or personal items if he wants to buy you something. Then he can't take it away..."

^^ Or be gracious and write a thank you note!

Canadian law is based on common law so I'd be very surprised to learn gifts weren't gifts throughout the entire commonwealth. The only exception is an engagement ring... because that's part of a betrothal contract. If the engagement is broken, the ring is returned. Once married, it's yours.

ItsMargo wrote:^^ Or be gracious and write a thank you note!

Canadian law is based on common law so I'd be very surprised to learn gifts weren't gifts throughout the entire commonwealth. The only exception is an engagement ring... because that's part of a betrothal contract. If the engagement is broken, the ring is returned. Once married, it's yours.

The actual law of the engagement ring is completely dependent on who breaks the contract. If the woman does, the ring is legally to be returned to the gentleman, if the gentleman is the one to break the engagement, then the ring becomes property of the jilted bride as his fee for breaking the betrothal.

As for other gifts received, it's quite simple to prove that something was gifted to the other person. If there was any kind of wrapping or bow on it, consider it a gift and it does not need to be returned to the gifter. The courts are hesitant to step into legal disputes that arise from the dissolution of a relationship; they urge the couple to work through things themselves or with a mediator.

I got a vacuum once. I let my X have that with the instruction booklet, put a sticky not on the on/off switch in case he couldn't find it.

As for other gifts received, it's quite simple to prove that something was gifted to the other person. If there was any kind of wrapping or bow on it, consider it a gift and it does not need to be returned to the gifter. The courts are hesitant to step into legal disputes that arise from the dissolution of a relationship; they urge the couple to work through things themselves or with a mediator.

What happens if she puts a bow on herself for his birthday? How do the courts deal with that?

I got a vacuum once. I let my X have that with the instruction booklet, put a sticky not on the on/off switch in case he couldn't find it.

I'm sure he figured it out. If you can push a lawnmower, you and push a vacuum and vice versa. Cross pollination skills!

Teenwolf wrote:

As for other gifts received, it's quite simple to prove that something was gifted to the other person. If there was any kind of wrapping or bow on it, consider it a gift and it does not need to be returned to the gifter. The courts are hesitant to step into legal disputes that arise from the dissolution of a relationship; they urge the couple to work through things themselves or with a mediator.

What happens if she puts a bow on herself for his birthday? How do the courts deal with that?

This is only a guess, but if she tried to put a monetary value on that gift, then she would have to be charged with prostitution...