Legally, who owns this?

[MyNameHasBeenTaken]

All names have been changed.
Names used for clarity.
Luke is my teen
Fred is Luke's good friend
Claire is Fred's mum
Dave is Fred's dad

I had a minor argument with Luke. Nothing drastic, just typical teen laziness, teen knows everything, mum cant be right ever!
Luke decided to stand on his own 2 feet for a bit and went to stay with fred. Fred still lives with his parents, but has the loft converted to a mini flat.
Fred often has friends over to play xbox or whatever.

Luke stayed with fred for a few weeks, including xmas.

Claire and dave took out a contract phone for luke. This was his xmas present from them.
Luke was given the phone and has been using it.

Luke then had a falling out with claire.
Nothing major. Just teen laziness and teens know everything .
He came back home. All good. Lessons learned all round.
But he has left loads of stuff in Fred's flat.
Including his original phone and the new phone given to him by Clare and dave.

Obviously claire has to pay for this phone or it will affect her credit score.

But who actually owns the new phone?
Claire and dave are (I assume) paying for it for the next 2 years, maybe 3?

But they got it for, and gave it to, Luke.

Hope that's not an essay. Nothing important missing. Making sense.

Claire's phone unless Luke wants to take over the bill ?

Not fair to leave someone paying a bill for him for 3 years

Are you Claire

Luke and fred are in their GCSE year at school. If that is important?

No, I am not claire.
I can see all the sides here!

As an extra question, is it really a good idea to sign up a contract phone for 2 years for someone else's kid?

I see hes your son

Are you sure he didnt make an arrangement to pay for it?

They’re paying for it, it belongs to them.

Why on earth would they buy him a contract phone? They chose to buy they need to pay but they should keep it. More importantly did DS pay them any rent?

In those circumstances, I couldn't take the phone without offering to pay for it, regardless of who legally owns it.

As the contract is in Claire's name, I suspect it is hers anyway though.

The decent thing is to take over the contract.

Claire is legally responsible for the phone. Luke is the 3rd party user. He could run up massive bills and shes responsible. She should have the phone and give Luke his old one back.

I can see all the sides here!
I’m not sure I can, it’s Claire’s phone and her responsibility. Luke can’t expect someone else to play for a phone for him for 2 years.

However it was certainly strange if claire to take out a contract for someone else’s child.

I would also be horrified at the behaviour of my teen.

Since the parents were nice enough to let a selfish, lazy teen into their house (presumably paying for the electricity and water he used) you might want to ask what they want? Do they want the phone? Or do they want to get rid of tge contract? I'm not sure I believe the whole story tbh. Nobody takes out a long term contract for a near adult unless there is a clear agreement when they start paying for themselves.

Normally, I would say something given as gift belonged to the recipient. But, with the ongoing cost, either Luke takes over the contract or returns it to Claire.

She should not have bought a phone on a contract for someone else's child without parental permission (agreement to pick up the bill when he came home). He should not have accepted such a generous gift from a friend's parent.

Luke is spoilt. Stropping off and leaving ever time he falls out with someone in authority. And I think his mum (you?) is minimising his behaviour. Two arguments you’ve said are ‘nothing major’.

I have a 16 year old and cannot imagine his behaviour becoming such a problem he has to leave home and live with a friend.

It’s technically his phone (it was a gift) but why Claire ever took out a phone contract at for him I’ll never know. He should start repaying Claire for the phone bill.

Really stupid thing to do but it belongs to Claire. Even if he took over the bill, the phone it in her name, any debt built up for non payment of bills will be hers. I learned that the hard way.

I'm going with Claire as the legal owner.

But also Claire is thoughtless to have bought a contract phone (for someone else's child) (but ditto for own child) if she won't now continue paying for it.

Extrapolating hugely she wanted to be seen to be marvellously generous, and is now withholding the phone as a form of control, ie, it wasn't truly a gift.

I think I'd be concentrating on the behaviour of my 15 year old son. He sounds shocking. Moving out and living with a mate? Them buying him a phone? Are they completely
Mad?

Ultimately it's their shout. Shes responsible for the contract. Put your son in a tighter leash maybe? Metaphorically speaking

The phone was a gift so should be Luke’s. Why on earth did Claire take out a contract.

If I was Claire, I’d give the phone to Luke but take out the sim unless the contract can be transferred to Luke.

Why on earth you left your 15 yrs old kid leave home for weeks when he should be at home studying?
I wouldn’t take any responsibility for the contract, if Claire is that stupid to get a 2 year contract for a 15yrs old that has no income and is not her kid, let her deal with it .

Phone is Claire and Dave's. But if he had a functioning phone ( paid for by ?) why? Luke needs to remove his belongings asap, apologise all round and get on with exams. Odd situation that he decamped and was treated as one of family , even over Christmas. Did you really fall out?

It’s Claire’s phone, she is paying for it and it is in her name... it is her phone to do with and give to whoever she likes, there is no other side to it IMO 🤷🏻‍♀️

I am glad people agree it is a strange gift!
Luke isn't bothered about the contract phone. He says it is a nice phone, but he doesn't think of it as "his"

He needs to get his old phone back, and then he will be happy.

Yes, I am disappointed by his behaviour.
But he does have mh issues.

Claire has always told him if he needs a place to stay, he is welcome there.

That is part of the reason fred has his flat.
Fred also has mh issues and prefers to have friends visit him, rather than go and visit friends.

And yes, luke was contributing to the household. Both money and "chores" along with fred and his siblings.

What an odd thing for Claire to do, unless there's more to the story who on earth takes out a phone contract for someone else's child? Never mind one who is clearly either very immature or who has some other factors in play that you haven't mentioned.

Also which teen goes out without their new phone? How did it end up being left behind?

There must be more to this

Luke isn't bothered about the contract phone. He says it is a nice phone, but he doesn't think of it as "his"

So why are you bothered about who legally owns it? Are Dave and Claire demanding you pay?

OK, cross post with you OP, I see there are other issues.

Are you on good terms with Claire, have you spoken to her about it?