NSW Mum Claiming Camera is Hers and I Stole It?

[Pat73571]

I am having a falling out with my parents I have left home as of I was kicked out earlier
My parents bought me a thousand dollar camera for chistmas and are tying to say that its stolen! And that the camera receipt is in her name
Can they do this under property law?

 

[hlly]

If your parents gave you the camera unconditionally, then the camera is yours as a gift.

 

[Sophea]

I agree, it is a gift. What are they trying to do by claiming it was stolen? Are they trying to get police involved? Or accuse you of wrongdoing as an excuse to kick you out?

Do you have any evidence that they allowed you to use it exclusively for any period of time - showing it was a gift. Or do you have any other relatives that were present that can verify that it was given to you as a gift?

 

[Sarah J]

Hi Pat73571,

I agree with the above. If the gift was unconditional, then they cannot request the item back. In family situations, particular if the item was given by parent to child, there is a presumption that the giving was an unconditional gift unless the parents (your mum) has evidence to suggest otherwise.

It seems it comes down to she says/you say. At the end of the day, it depends on who has stronger evidence to support their version of events. A receipt showing that your mum paid for the camera will not assist her as under general law, there is a presumption of gift making between parent and child. To strengthen your case, do you have any evidence (e.g. birthday card, written note) that supports the fact the camera was given as a gift?