Legal Question in Real Estate Law in California
if someone gives a gift can that person take it back?
3 Answers from Attorneys
A true gift means the person gives up all aspects of ownership of the item. If a man buys a wedding ring , that may not be a true fgift because it is based upon a marriage occurring. But if he buys the ring and says it is her's to keep foreer no matter what, it is a gift and the receipent does not have to give the property back. But if someone says "sure, you can borrow my cell phone but get it back to me ASAP, their is no gift.
Intervivos gifts are not revocable unless they are gifts causa mortis. A gift causa mortis is a gift made by someone in contemplation of their impending death. The gift reverts back to the donor if the donor recovers.
A gift, once completed, and other than a gift in view of impending death, cannot be revoked by the giver. Civil Code section 1148. Completion is usually by actual or symbolic delivery of the item by the donor and acceptance by the donee. Civil Code section 1147.