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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2607
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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My ex wife re-married and gave her furniture and car to my daughter. now she wants it back

Customer Question

My ex wife re-married and gave her furniture and car to my daughter. now she wants it back.that was in Nov 2013 already. is this legit?
she got married and moved to the east rand, my daughter stayed in her home in Limpopo, and now after all the time she wants her out of the house, and send her an e mail through an attorney, stating that if she takes anything out of the house, or take the car, she will be accused of theft.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.
Hi there
Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
When you give someone a gift it becomes that person's property and you cannot take it back. Consequently I would advise your daughter to respond to the attorney's letter and stating that she will take all her property with her when she leaves including gifts received from your ex wife who has no claim over such gifts.
She should also caution the attorney that she will in turn take steps if she is wrongfully accused of theft.
If however the property under discussion is not in the physical possession of your daughter, she may not remove it without the consent of the person who is in possession of the property without such person's consent. She may however claim the property back from the possessor by taking legal action. This rule is there to prevent people taking the right into their own hands and to rather follow a legal process.
I hope this answered your question.
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Regards