# Legal help needed.



## Welya (Sep 14, 2012)

Hello everyone!

Once again I am lokking for a legal help. My ex after nearly six month of separation started to claim back things he bought me (such as b-day or christmas presents etc) or I bought for his money (clothes, etc). He has got all the receipts from these things, but I am not sure if he can do something against me regarding this. Do I have the duty to return everything? I do not know the Portugeuse law in this case. My ex advised to me that if I do not return what he claims he will sue me for stealing and also he wants to get back all the money he 'invested' in me while being together. Is it possible? Since we are separated I do not live in Portugal so I do not know how serious this can get.

Thank you!


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## canoeman (Mar 3, 2011)

Unless a gift is given with very specific conditions attached, then return cannot be demanded, once the gift is made even if he has said go and buy something to this value with my money then the gift ownership is transferred to you and you have no obligation to return it.

You need to check though whether this is the same in Portuguese Law, I'd be very surprised if it wasn't.

It seems to me as if he's trying it on, the wrong thing to do is enter into correspondence of any sort and I'd certainly keep safe any communication he makes with you, even to the degree of recording any phone calls, as it's easy to say the wrong thing that could be used against you. 
If he did or could pursue the matter which I think is unlikely then the onus will always be on him to prove these items where not a "Gift" .
Re money he "invested " in you even more difficult to prove than something wasn't a gift


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## Welya (Sep 14, 2012)

Thank you cannoeman! That all makes sense, but I am not very good at Portuguese law because so far I just experienced that if somebody tries to strangle you it is taken 'just' as a domestic violence and the highest punishment for it is a fine. And the victim being a foreigner, uf no way to get any support, starting with police. They will always defend their citizens whatever they commit. Very negative experience, do not wish it to anyone.


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## canoeman (Mar 3, 2011)

Welya said:


> Thank you cannoeman! That all makes sense, but I am not very good at Portuguese law because so far I just experienced that if somebody tries to strangle you it is taken 'just' as a domestic violence and the highest punishment for it is a fine. And the victim being a foreigner, uf no way to get any support, starting with police. They will always defend their citizens whatever they commit. Very negative experience, do not wish it to anyone.


Regardless of your experience to date, you need to check whether the law on gifts is the same or similar to most of the world in Portugal, you then organize yourself and any response around that.


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