Written by attorney Andrew Daniel Myers

Can You Take Back A Gift?

A gift is irrevocable.

People often ask if they can take back a gift. An item given during the course of a relationship is now the object of a fight after the relationship breaks down. In the heat of the moment, it is demanded that the gift be returned.

Under the law, a gift is made when three things happen:

  • (1) Donative intent. The giver intends to make a gift.
  • (2) Transfer of the property to the donee. The gift is given.
  • (3) Acceptance. The donee accepts the gift.

Once those three things happen, a gift is complete. A gift can not be revoked or taken back.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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