property common-law gift
Can my ex take back a laptop he gifted to me?
<p>My ex gifted me a gaming laptop about six and a half months ago. He told me straight ward that he was giving me the laptop. I even offered money to him for it and he denied it. Now he's saying he needs it to do work and he only let me &quot;borrow&quot; it, not have it. But he literally told me he was giving it to me because he never used it, and I've put money into modifying it. I've added ram, storage, etc. I don't think I should be giving back something that was given to me and that I've literally put my money into. Does he have any legal bases to take it back?</p>
<p>Also, to make this clear.. A premise of this question to be taken as a given is that <strong>he did gift me the laptop</strong>, that's why he didn't accept my money when I offered.</p>

<h2>A gift is irrevocable</h2>
<p>Once he gave it to you, he doesn’t own it anymore. A gift requires three things: intent be the giver to gift the item, acceptance by the recipient, transfer of the item. Once done it can’t be undone.</p>

<p>This <a href="https://fresnocriminallawyer.com/what-does-possession-is-9-10-of-the-law-mean/" rel="nofollow noreferrer">criminal law attorney</a> says</p>
<blockquote>
<p><strong>What Does Possession is 9/10 of the Law Mean?</strong></p>
<p>The phrase essentially means that when you physically possess something you have a stronger legal claim to it than someone who just claims ownership of it. Another way to say this is that custody presumes ownership.</p>
</blockquote>
<p>It seems strange to have to prove something was a gift, which typically has no conditions attached. If an item of value is loaned, it would be reasonable to expect there to be some kind of <em>agreement</em> as to the time span, who is responsible for repairs, theft etc. and both parties would have a record of this.</p>
<p>Having maintained and upgraded the computer, that would seem to give a strong claim to it.</p>
<p>In a <a href="https://law.stackexchange.com/questions/88433/can-my-ex-take-back-a-laptop-he-gifted-to-me/88438#comment198847_88433">comment</a> OP says they might have a record of messages which verify the gift, which makes the case even stronger.</p>
