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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33952
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I'm looking for answers in the area/s of civil litigation

Resolved Question:

I'm looking for answers in the area/s of civil litigation and family law:Is there a legal reason I must return an unconditional gift under the circumstances expressed below?A parent had passed on a family heirloom to me, to be used as an engagement ring. That it was a gift was clear and no conditions were attached to the gift in writing, nor to my remembrance, in spoken words. Since then the parent has decided to 'disown' me. They claim (without proof) that the ring was a conditional gift, the condition being that it remain in the family. Since the parent has disowned me, according to their logic, I am no longer a family member and therefore they demand the return of the ring under the conditions they claim.The parent and I are blood relatives, there has been no changes in name and I have not disowned them, committed no crimes etc. I am still married to the women the ring was given to as an engagement ring. There is no evidence that the gift was conditional and I have no memory of any conditions attached. I have emails that express only pleasure at it being given to the fiancée in engagement by the parent. From my prospective, the gift is a family heirloom of my linage and the engagement ring of my new wife.Is there something I have missed... is there a legal reason I must return the family heirloom that was given to me as a gift that the parent now claims was a conditional gift? The condition being that it stay in the family and now that they have disowned me, I am no longer a member of their family. There is no documentation of this 'condition' nor do I remember it being said orally.
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Has any legal action been started?

Customer: replied 8 months ago.
To my knowledge, no legal action has been started by either party.
Expert:  Clare replied 8 months ago.

Has the Parent actually threatened legal action i writing - or just verbally?

Customer: replied 8 months ago.
They have threatened in writing, several times. Multiple threats for legal action, for lobbying, picketing, contacting third parties for pressure, negative and professionally damaging private and public contacts and activity. They have made it clear they have taken legal advice (stated in writing), and that they plan to file for legal action, but I wonder if that means they have been talking to themselves (they hold a law degree) or their spouse, who is a solicitor.
Expert:  Clare replied 8 months ago.

There is no action that your parent can take.

It was clearly a gift - it was after all offered as an Engagement Ring for your wife - to whom you are still marrried

In addition there has been no change in the legal status between you and your parent so even if it had been conditional on your remaining a family member - legally you are.

I cannot say who they have consulted - nor of course what they have told them - but there is no court action which can successfully be taken against you

Please ask if you need further details

Customer: replied 8 months ago.
Is there some legal action that the parent can take to formally divorce / emancipate me? Is there a form of parental Court-Ordered Emancipation or equivalent? I am quite sure they can't, especially given neither of us are minors, but I want to do my due diligence. Thank you for your time.
Expert:  Clare replied 8 months ago.

No there is no such legal process in the UK - whatever age you are

Clare, Solicitor
Category: Law
Satisfied Customers: 33952
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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