If my ex gave me a Christmas gift and I later found out it was purchased from rent to own and he has not made any payments, can they take it from me?
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If my ex gave me a Christmas gift and I later found out it was purchased from rent to own and he has not made any payments, can they take it from me?
Am I responsible for his debt?
Asked on April 29, 2012 under Bankruptcy Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Yes, the rent-to-own business could recover--take--the gift from you if it is not fully paid off. The RTP's interest in the item is not defeated or voided simply by giving it as a gift to another person. Your ex would not have full title to the item--and so be unable to transfer it to you--until and unless the item is paid off.
2) The RTO may not go after you for the remaining payments, however, if you were not the one who agreed to make them. The agreement to pay is a contract; only the parties to the contract (i.e. your ex) are bound by it. In addition to recovering the item from you, the RTO may try to recover money from your ex, under the agreement.
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