Sounds like you're getting a bad deal here. If the PlayStation 3 was a gift, then why did you pay for half of it and half of the games? And why was it in your apartment? Sounds like the PS3 belongs to both of you. All of a sudden he wants it now that you're broken up? Why didn't he claim it before? Your ex-boyfriend's argument doesn't hold up in geek court, and it wouldn't in actual court either.
If he wants it, he should pay you for half of the system and the games. Pulling the whole "it was a gift" act if it, in fact, wasn't a gift is a jerk move. And threatening to take you to court over a PS3 is ridiculous. There's no way any his argument would hold up in court. Also, unless it's the People's Court, no lawyer would take a case over just a PlayStation. Not even Saul Goodman, the shady lawyer from Breaking Bad would take your ex on as a client. He's just trying to scare you. Don't let him intimidate you.
Splitting up possessions after a break-up is always difficult. Often, all the resentment and anger built up gets taken out in the form of possessions. ("I'm getting the house/cat/Hummel figurine collection!") It's why divorce attorneys make the big bucks. That said, you do have rights. If it did become a legal issue (which, by the way, would end up costing you both way more than the cost of the PlayStation), you have as much claim to the PlayStation as he does. Tell him you won't back down-- it wasn't a gift, and if he wants it (and the games), he needs to pay you for half of everything. You put the money in as well. If you still want the PlayStation, don't back down. Offer to pay him for his half if you want to keep it. It's just as much yours as it is his. Plus, then you have a PlayStation 3 and games to enjoy with your next, hopefully non-jerky boyfriend.
If he wants it, he should pay you for half of the system and the games. Pulling the whole "it was a gift" act if it, in fact, wasn't a gift is a jerk move. And threatening to take you to court over a PS3 is ridiculous. There's no way any his argument would hold up in court. Also, unless it's the People's Court, no lawyer would take a case over just a PlayStation. Not even Saul Goodman, the shady lawyer from Breaking Bad would take your ex on as a client. He's just trying to scare you. Don't let him intimidate you.
Splitting up possessions after a break-up is always difficult. Often, all the resentment and anger built up gets taken out in the form of possessions. ("I'm getting the house/cat/Hummel figurine collection!") It's why divorce attorneys make the big bucks. That said, you do have rights. If it did become a legal issue (which, by the way, would end up costing you both way more than the cost of the PlayStation), you have as much claim to the PlayStation as he does. Tell him you won't back down-- it wasn't a gift, and if he wants it (and the games), he needs to pay you for half of everything. You put the money in as well. If you still want the PlayStation, don't back down. Offer to pay him for his half if you want to keep it. It's just as much yours as it is his. Plus, then you have a PlayStation 3 and games to enjoy with your next, hopefully non-jerky boyfriend.
If you don't have the money for half, ask for a depreciated half. Unfortunately, legally, in court you would not get a full half, BECAUSE you have both gotten use out of it, and there is a dollar value to that use. You're best bet is probably to sell the system and the games and split the money.
my only advice is to not let him walk all over you. stick up for yourself and for what's right :)
Judge Judy would. :P
Haha I was thinking the same thing. I've seen enough Judge Judy to know that his claim that "it was a gift" would NOT fly with her.
Possession is 9/10ths of the law.
Your now ex boyfriend sounds like an uber douche, and you are well rid of him. I like what the first commenter said. He should pay you half, even if it is a depreciated half.
Usually, it will cost him more in court in the end between filing fees and time off from work than it would for his share...
Offer to sell it on Craigslist, Ebay, etc....and split the money....
Thank you everyone! This is the asker here. I am embarrassed because it seems like something so small and trivial but he is intent on being a jerk about it and everything else since we broke up... I just wasn't sure if he was making empty threats or not. Luckily he's not asking for our dog, too!
Call his bluff and tell him you'll see him in court. His "it was a gift" claim would never fly, because no one is required to return a gift. We are supposed to pay back loans, not gifts.
GIFT: A thing given willingly to someone without payment; a present.
I went through the same thing but with a 50" plasma and Xbox 360 + games.
We originally split the cost of the tv, but I bought the system and Live account. We went back and forth, but I think it was only because we were both mad.
In the end, I got everything and didn't pay him anything. He did, however, gain access to the Live account and delete it. That wiped all my game saves and achievements. Then he was done and didn't bother me again. I say wait it out. It's in your place and he really can't do anything about it. I've been in his shoes, too. Some things just get lost in the fire of a breakup.
I went through the same thing but with a 50" plasma and Xbox 360 + games.
We originally split the cost of the tv, but I bought the system and Live account. We went back and forth, but I think it was only because we were both mad.
In the end, I got everything and didn't pay him anything. He did, however, gain access to the Live account and delete it. That wiped all my game saves and achievements. Then he was done and didn't bother me again. I say wait it out. It's in your place and he really can't do anything about it. I've been in his shoes, too. Some things just get lost in the fire of a breakup
how old are you to still be playing video games anyway? pour syrup in it and then give it back.