Can my parents legally take back things that they have given to me as gifts?
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Can my parents legally take back things that they have given to me as gifts?
am 20 years old.
Asked on January 30, 2013 under Business Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As a general rule, once something is given as a gift, the giver has no rights to it and they cannot get it back. The issue then is whether the items in question really gifts were gifts and what, if any, evidence each side has to support their position.
A gift is something that is given to another without the expectation of receiving anything in return. If you can show that these were gifts, not a loan of property, then you would not have to give them up. Additionally, once the donor of a gift gives it to the donee, the property becomes vested with the donor. So if your parents took it back from you without your permission that is technically theft.
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