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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54024
Experience:  Attorney with 29 years of experience.
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My fianc� and I broke up and I moved out Jan 31, 2015. I

Customer Question

My fianc� and I broke up and I moved out Jan 31, 2015. I told him he could keep some of my furniture because I didn't have room for it. Can I now legally get my furniture back from him?
Submitted: 12 months ago.
Category: Legal
Expert:  Richard replied 12 months ago.

Good evening. My name is ***** ***** I look forward to helping you.

This is going to be a tough one for you. The problem is that once you make a gift, it's a completed gift and thus becomes the property of the recipient. When that happens, the giver of the gift no longer has any control over something that is now owned by someone else. BUT, if you can explain that is was not a gift, but rather a statement that he could hold on to your furniture until you had room for it, then it would not be a gift at all, but simply a bailment where he was holding your furniture until you had the room. If this is not in writing anywhere, your word would be as good as his and a court would likely rule in a he said/she said situation that each party's intent on the breakup would be that each party would retain their own furniture...thus ruling in your favor. :)

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