Nashville, TN asked in Small Claims for Ohio

Q: If my boyfriend gave me an iPhone, but is still paying for it, and we break up can he take it back?

My boyfriend bought me an iPhone 14 and gave it to me because my previous phone had broke, he’s still paying for it. But every argument he tells me to give it back to him.. do I legally have to or is it mine? I have numerous messages saying he bought and gave it to me. is that enough to make proof it was a gift?

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1 Lawyer Answer

A: Legally, a gift is a gift. No take-backs.

That being said, you need to carefully consider your relationship. Some people in a relationship use money to control their partner. This can create a difficult and potentially dangerous dynamic in the relationship. Often, one person becomes financially dependent on the other person, feeling trapped in a relationship because of the impact ending the relationship will have on their financial condition and standard of living. The person providing money and other tangible items may become resentful of the other person, feeling that she (or he) isn't pulling their weight.

Disagreements and arguments over money--not cheating--is the number one cause of divorce and break-ups.

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