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Junior Member
What is the name of your state (only U.S. law)? Oregon

My grandson was getting married in a few months, so I gave him and his wife to be two pieces of furniture that has been in the family for 4 generations. Before the wedding date the relationship fell apart and the young lady took one of the pieces. We asked for it back but she does not want to give it back. She said it was a "goodwill" item that she was keeping for "payment" of what had happened. Can I pursue this legally?
Thank you.What is the name of your state (only U.S. law)?

Oregon as stated above.
 


CourtClerk

Senior Member
What is the name of your state (only U.S. law)? Oregon

My grandson was getting married in a few months, so I gave him and his wife to be two pieces of furniture that has been in the family for 4 generations. Before the wedding date the relationship fell apart and the young lady took one of the pieces. We asked for it back but she does not want to give it back. She said it was a "goodwill" item that she was keeping for "payment" of what had happened. Can I pursue this legally?
Thank you.What is the name of your state (only U.S. law)?

Oregon as stated above.
You gave them (him and her) a gift. She's not required to return a gift.
 

Hot Topic

Senior Member
She's required to return the engagement ring since it was given in contemplation of marriage, and the marriage didn't take place.

The furniture was a gift. It would be nice if she'd return it, but unless you had some sort of arrangement that it would be returned if the marriage didn't take place, you're out of luck.

She doesn't have to return it any more than she has to return the sweater he gave her for her birthday or he has to return the tie she gave him for Christmas.
 
H

hydrocarbon1000

Guest
did you consider

that they might get married anyway in the future? You banging around asking for a return of a gift could effect this possible outcome.
 

latigo

Senior Member
My advice is to sue the young lady for replevin of the heirloom. Your legal position being that the item was gifted conditionally in contemplation of the marriage taking place and to become absolute only upon the occurrence of that event.

(Besides it is customary that shower and wedding gifts are returned when the wedding is called off.)

Also, the reasons she has given you for keeping the item strongly implies that she does not consider it as the subject of a gift.

“(I am) keeping it for payment of what happened.”

In other words, she is not accepting the deliver of the item as a being a gift. And acceptance by the donee is a necessary element creating a gift of personal property.

That may not be an airtight argument, but at least it can be reasonably argued that she is now rejecting the item as being gifted.

You get her statement of reasons why she refuses into the record and I think you will win your lawsuit. No conscientious judge should make you pay her compensation for "what happened" when you had no control over what happened.
 

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