What to do if y ex-girlfriend is asking me to give her back the things she gave me because we have broken up?

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What to do if y ex-girlfriend is asking me to give her back the things she gave me because we have broken up?

She said if I don’t give her back the things (shoes, clothes, etc) within 24 hours she will file a police report and claim it for stolen property. She initially asked for a pair of shoes she bought for me, and if I don’t give that back, she will come over with someone and do something to my house, which I would not like. When I told her those shoes are mine, because she gave them to me, she got angry and told me that I don’t deserve them, thus give them back or else. I am trying to figure out whether or not I will get in trouble for keeping the things she gave me.

Asked on September 30, 2012 under Criminal Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the items were given to you as a gift, then you do not have to return them.  The fact that you have worn the items and they are somewhat personal items (like clothing) inceases the presumption that they were intended to be a gift.  If she texts, tweets, facebooks, or leaves you a message demanding the return of these gifts, then you may want to keep copies of them in the event that she does try to trump up a theft charge against you.

Since she has threatened to do things to your house, you may want to contact your local police and see about having a criminal trespass warning issued against her. 


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