Only if it was a loan. Give a gift is an immediate and complete renunciation of the rights of property, so that a gift need not be returned. But when couples break up, often into legal disputes over whether a piece of jewelry, pet, or even a Mercedes was really a gift in the first place. Like all law students know, there are three elements to a lawyer and discuss the needs in the delivery of gifts: the intention to grant, delivery and acceptance. In other words, the donor must intend to give it away, you must actually change hands, and the receiver has to make. (Acceptance is seldom a problem in legal disputes. Without the three, the original owner can claim their property.
The requirement of delivery is a useful way to demonstrate that the issue was a gift. The theory is that if a gift-giver can overcome the "key delivery" in the delivery of your property, you must really mean to give the object. From large items like cars and houses are too large for physical labor, the courts are satisfied with the "constructive delivery." That means Sheen could have completed the legal transfer of a key to Kenly, wrapping the car in an arch , or putting a picture of the car in a greeting card, despite the gestures seem a bit too sweet for the mash .
If the case of Sheen were to end up in court, their lawyers are likely to focus on the intended donation. I would probably say the car was merely a loan to Kenly to drive during the term of their relationship. In the absence of explicit statements that indicate to Sheen, the judge should consider the circumstantial evidence, as if the title Sheen in the car to your name or whether it maintained its own key.
If the credit line does not work, Sheen has a potential security argument, but it is a remote possibility. One could argue that the car was a gift "in contemplation of marriage. "Many states, including California, have special laws to deal with such gifts. Usually are engagement rings, but can be any type of property. The Golden State, the recipient of a gift in contemplation of marriage must return this if he or she is the one who breaks the engagement, or has been broken by mutual agreement (The states are all over the map on the subject .. Some require the ring to be returned in all circumstances, while others allow the recipient to keep no matter what.
Sheen is plausible that for the car as an engagement gift. There were reports that he planned to marry unofficially Kenly and his fellow "goddess" Rachel Oberlin soon gave each a Mercedes. Unfortunately for Sheen, California still does not recognize polygamous marriages. That would be a difficult obstacle to overcome.
Have a question about today's news? Ask the explainer.
Explainer thanks Jane Baron Temple University Beasley School of Law and Maria Luisa of Fellows of the University of Minnesota Law School.
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