If I was given furniture, and now they’re asking for it back, do I have to?
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If I was given furniture, and now they’re asking for it back, do I have to?
My ex moved in with me back in July 2015, we broke up in October 2015. When he moved in I gave my furniture away, to make room
for his. When we broke up he gave me his furniture considering I gave away mine. Now, he is asking for it back because apparently
the furniture was never paid for. Do I have to return it, or is he obligated to clean up his own mess he made?
Asked on March 21, 2016 under Business Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) IF the furniture had been fully paid for, you would not legally have to give it back; once it is given to someone, it belongs to them, and the giver cannot recover it.
2) If it is not fully paid for, though, then the issue is what do you mean was "never paid for":
a) if he bought it on his credit card or with a check but defaulted, then it is his problem; when you buy items that way, ownership transfers to the buyer when he purchases it, so he could have given you ownership--then, if the store is not paid, their recourse is to sue him;
b) BUT if he was buying it over time, financing it through a rent-to-own deal, etc., then it is most likely the case that title never transferred fully to him (i.e. he'd only get legal ownership free and clear of the furniture if/when it was paid in full) and/or that the store retained a security interest that would let it get the furniture back if not paid, the same way a car dealer can repossess if there is a default in car payments.
If the second case above, he could *not* give you ownership of the furniture because he never had it to give, and the store is allowed to get the furniture back; the store's right in this case to recover the unpaid-for furniture cannot be circumvented by giving the furniture to someone else. So in this case, you'd have to return the furniture.
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