Need Advice - Gifting and asking for it back

JayPaul

I know this is probably the wrong forum but it's the closest I could liken to my query.. I welcome any admins/mods to move it appropriately.

Currently I live with my partner with her family. They are presently moving out due to a fallout with both their daughter and myself.

Her parents gifted us a Large Flatscreen TV and now her mother is asking for it back in the move saying it was only a loan.

Under UK Law, does anyone know clearly what the legality is around this?

Can a gifted item be asked to be returned?

Would appreciate good advice and no guesses


Thanks

JP

bod1467

Is there anything to document that this was a gift? Otherwise it could be deemed that they bought the TV for the property in which they were living, and now they're moving they're taking it with them - i.e. it wasn't actually a gift.

dzug1

The dispute is about whether it was a loan or not.

If it was a loan, then they are entitled to it back

If it was a gift then they are not.

I doubt if you/they have proof that would stand up in court either way.

fluffnutter

This isn't a problem that will be resolved by law. Basically ma-in-law's got her knickers in a twist and, due to the family fallout, is demanding back her gift because she's hurt/resentful/angry. It's a family problem best resolved by diplomacy and maturity all round; you won't get anywhere by trying to prove it was a gift and hence you have legal title of the telly - a court couldn't care less probably, apart from perhaps that Judge Judy - she might be interested.

JayPaul

Thanks for the reply guys..

There is a sum of money an older flatscreen in question, it would seem it was agreed that instead of money being repaid back to my partner that she could have the tv instead.. it still wasnt loaned to her.

There also seems to be a question over a flatscreen that had been loaned to them and was sold without her consent.

Flufnutter, in the who part I agree.. and we're perfectly willing to..although we've tried.. the unending problem is that the family were close knit and "I'm taking her daughter away from her"

She is intent, in the words of her father on leaving us with absolutely nothing

fluffnutter

JayPaul wrote: »

Thanks for the reply guys..

There is a sum of money an older flatscreen in question, it would seem it was agreed that instead of money being repaid back to my partner that she could have the tv instead.. it still wasnt loaned to her.

There also seems to be a question over a flatscreen that had been loaned to them and was sold without her consent.

Flufnutter, in the who part I agree.. and we're perfectly willing to..although we've tried.. the unending problem is that the family were close knit and "I'm taking her daughter away from her"

She is intent, in the words of her father on leaving us with absolutely nothing

I really feel for you - falling out with the family is horrible, and really distressing for your girlfriend. TBH, the legalities over who owns the telly are the least of your worries. Can the relationship be mended? I hope so. Patience and diplomacy all round I feel. Plus it might help if you no longer live together - sometimes a bit of distance and independence helps frayed nerves.

In the interests of helping mend those broken ties, I'd let her have the telly. Be magnanimous and dignified about it. Unless she's a complete bitch, in which case I'd dump the daughter and leg it

JayPaul

They're moving out and we're taking over the property... not mendable at the moment.. this tv has just come up in the middle of it.

fluffnutter

JayPaul wrote: »

They're moving out and we're taking over the property... not mendable at the moment.. this tv has just come up in the middle of it.

Let her have it. Life's too short for a protracted squabble over what's essentially just a thing. Tellies are easily replaced, mothers not so. Or go without the telly - now that the in-laws have moved out, you might find more exciting things to do in the living room.

JayPaul

I think it's more the fact it's a 40 something inch flatscreen.

arcon5

What's your GFs view on this?

JayPaul

GF say's it's hers and she knows why she was given it.. I'm posting all this cause I was approached my her mother this morning on it