Can I consider this stolen property?

I gave my now ex boyfriend my old iPhone 5s for him to play games on because I got the iPhone 7 a few weeks ago. I want the phone back because since we're breaking up I want it back since that was my first official phone. The phone isn't activated but it has his Apple ID logged in. Can I consider this stolen property since he won't give it back or is it permanently his?

Updates:
He's going to keep the phone. I loved the thing but life goes on

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Most Helpful Guy

  • you gave it to him I wouldn't be petty over this

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Most Helpful Girl

  • For how long was the phone in his possession? Did you give it to him just so he could play or did you say: there you go it's yours? Technically speaking, if you gave it to him as a gift, it would be his to keep... practically speaking: can he prove you gave it as a gift? If not, I would try to claim it back (if it really has sentimental values to you)! In any case, going word against word doesn't really prove much legally (not sure about US law sorry), most important is you still have the bill provin you paid for it :-) if he comes with: i put my apple id on it etc just say you borrowed it to him... then again at the end of the day just explain to him ud like to have it back because of xyz and hopefully he ll show some sort of collaboration... good luck :-)

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Have an opinion?

What Guys Said 4

  • You gave it to him. It's his. Stop being petty.

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  • No. You gave it to him as a gift. Ask him for it back.

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  • if you gave it as a gift then ownership transferred to the other party and is now their possession. It's a similar situation to giving an engagement ring and then breaking up

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    • Thank you, you're the only person who managed to answer my question

  • Why? You already have a phone. It was a gift it's done.

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    • It was my first phone and I gave it to him because I wanted him to have it to show that I cared for him. I want it back because he hurt me and I don't want him to keep something that I considered special to me. We were together for almost a year and a half so I didn't question giving it to him.

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    • It's not petty at all. He hurt me so I don't want him to keep something special to me. It would be petty if I was taking it back after we had an argument. I asked if the property can be considered stolen or if it's his now. I didn't ask for your opinion or criticism.

    • No since it would be hard to prove. You already have a phone so that's why I say it's petty.

What Girls Said 2

  • yes, kind of

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  • well, you gave it to him. that's a gift, so no.

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