Legal Question in Civil Litigation in California
Retrieving gifts
If someone gives you a gift, not a loan for any kind of repayment, just a gift. do they have any kind of legal right to get the gift back just because they are mad at the person they gave the gift too.Is there any legal reason to get the gift back?
2 Answers from Attorneys
Re: Retrieving gifts
Ordinarily the gift cannot be reclaimed, no matter what happens afterward. Some gifts are made conditionally, but the conditions must be clear and the giver will have to prove that the condition was made clear at the time of the gift and that it has been violated. This ordinarily comes up only in the case of charitable contributions, as, for example, a gift of land to a school for the express purpose of building a new gym might be recoverable if the school tried to build a parking lot there instead. For ordinary gifts, though, there is no way to do what you propose.
Re: Retrieving gifts
I might add to Mr. Hoffman's correct answer that a gift can be withdrawn prior to it being accepted, but once accepted, it becomes final.