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Just broke up with my ex boyfriend and he is now demanding a…

Customer Question
Just broke up with my...
Just broke up with my ex boyfriend and he is now demanding a couch and bed which he bought to me as gifts can he forcefully take them away?
Submitted: 7 months ago.Category: South Africa Law
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Customer reply replied 7 months ago
he is also threatening me and my family and says he will spread lies anout me
Customer reply replied 7 months ago
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Customer reply replied 7 months ago
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Answered in 4 hours by:
12/4/2017
Lawyer: CaseLaw, Attorney replied 7 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

If you want this to be over quickly, and without fuss, give him the couch and the bed. He's obviously trying to prove a point.

Legally however, if he gave them to you, like a gift, then they are yours and he is not allowed to simply take them back from you. If he does, that's theft and the police will arrest him for it.

It really is your choice. Give into his demands and have it done with. Or fight him and then this draws out!

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 7 months ago
I dont want to give them back
Customer reply replied 7 months ago
also can he come with the police to my house to get those things?
Lawyer: CaseLaw, Attorney replied 7 months ago

No, he can't. You must tell the police that they were a gift!

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Customer reply replied 7 months ago
But are the police allowed tp come to my house and collect things without a letter from court?
Lawyer: CaseLaw, Attorney replied 7 months ago

No. The police can't. You must tell the police, if they come, that this is a civil dispute not a criminal dispute. Tell the police that your ex gave the stuff to you as a gift.

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Customer reply replied 7 months ago
if they refuse? And forcefully take them?
Lawyer: CaseLaw, Attorney replied 7 months ago

I honestly don't know. What could you do if the police arrived and forcefully stole something from you? Phone more police.

You're asking me a question that I don't know the answer to. I suppose that you could shout at them. You could refuse to open the door. You could phone a lawyer to be on standby to come through to your place if the police arrive?

The police can't simply take them. That's not their job. Their job is to fight crime!

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Customer reply replied 7 months ago
If he has the receipts can he come and collect the things?
Lawyer: CaseLaw, Attorney replied 7 months ago

No. Simply because he GAVE them to you. You need to explain to the police, if they arrive, that your boyfriend (at the time) bought the bed and couch but GAVE them to you as a gift. He didn't LOAN them to you. He gave them to you. Tell the police that if they assist him in removing the goods, they would be assisting in a theft. Tell the police that your ex boyfriend should go to court and deal with this matter through the civil court!

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Lawyer: CaseLaw, Attorney replied 7 months ago

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me by clicking on the star / smiley face rating system!

Regards

CaseLaw

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Customer reply replied 7 months ago
I am confused cause ive asked other people and tgey said the he has the right to take the things back and involve police if i refuse
Lawyer: CaseLaw, Attorney replied 7 months ago

Are these other people attorneys? Or randoms who think that they know the law? WHY do they say what they say?

The very short answer:- if your ex bought the goods for you; then gave them to you as a gift; then they are yours; and the police can't come and fetch them.

BUT, if your ex bought the goods and said "let's keep them at your house for a while"; then they are NOT yours; and your ex is allowed to come and fetch them - maybe with the police if he can convince the police to go fetch a couch!

I can't make it any clearer than that.

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Lawyer: CaseLaw, Attorney replied 7 months ago

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me by clicking on the star / smiley face rating system!

Regards

CaseLaw

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