Palmdale, CA asked in Landlord - Tenant for California

Q: If my ex bought a hot tub for my birthday in 2019 and it's been on my property, can he remove it without my permission?

We do not have it in writing that it was a gift, although he did tell multiple people. He apparently did not buy it outright but has been making payments.

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1 Lawyer Answer
John T. Kontrabecki
John T. Kontrabecki
  • Landlord Tenant Lawyer
  • San Francisco, CA
  • Licensed in California

A: If it was a gift, the answer is no. When a gift is made it transfers the title to the recipient of the gift without consideration or payment. As a practical matter, if he wants to take it back, let him because it means your relationship is over.

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