Question Details: My ex partner gifted me a car to trade-in for a new one. The relationship has now ended, and he is seeking to recover the value of the gift. Am I legally obligated to repay him?
Filed under Property Law | 1377 View(s)
No, if the car was given to you unconditionally and clearly on the basis that it was to be a "gift", then you will not be legally obligated to repay your ex-partner.
New Zealand law says that for there to be a valid gift three things are necessary: the giver (your ex) has to express their intention to make the gift; the receiver (you) has to agree to accept the gift; and the gift (the car) has to be actually transferred into your control.
Your ex-partner must have given the car to you on an unconditional basis for the gift to be complete. That means if there were any conditions on the gift that you haven't fulfilled, you will have to repay him.
Answered 10 Dec 2013. The IMPORTANT NOTICE below is part of this answer.
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.