Delbarton, WV asked in Family Law and Small Claims for Kentucky

Q: Yes so, my brothers ex-girlfriend and her mother gave my brother a phone, can they take it from him?

Yes so, my brothers ex-girlfriend and her mother agreed to give him a phone months ago. And now that they are broken up she’s saying that they said he had to give it back if they broke up. But they have no evidence of saying that at the time. If they gifted my brother a phone that they owed on is it his property or theirs. Because they believe if they are still paying the bill they can take it back. But I have evidence they said it was his to keep and they have no evidence to counter it. Is the fact that they owe for the phone a deciding factor in possession? Even if I have proof they gave it to him?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: If it was a gift, he keeps the phone. If it was a loaner, he must return the phone.

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