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Can my wife's friend take back the table and chairs she gave us?

Can my wife's friend take back the table and chairs she gave us?

Q: Can a gift be taken back if no written agreement exists?

Yes, a gift can still be legally binding without a written agreement, as long as the donor intended to make an unconditional gift, delivered it, and the recipient accepted it. Oral agreements can be enforceable, especially if there is evidence of the gift.

Q: What if the donor claims the gift was conditional?

If the donor claims the gift was conditional, they must provide evidence of those conditions. If the recipient can prove the gift was unconditional, they may retain ownership. The burden of proof lies with the donor to show the conditions.

Q: How long does someone have to reclaim a gift in Texas?

In Texas, there is no specific time limit for reclaiming a gift, but the longer the time since the gift was given, the harder it may be for the donor to prove it was conditional. Generally, if a gift has been accepted and used for an extended period, reclaiming it may be difficult.

Q: What should I do if someone tries to take back a gift?

If someone attempts to take back a gift, it's advisable to communicate clearly about the ownership and the circumstances of the gift. If disputes arise, consider seeking legal advice to understand your rights and options.

Full question:

I live in Texas and am currently having an issue. My wife's friend gave us a table and some chairs well over a year ago because she was getting new stuff. Now that I am not currently at home she is trying to take it back. Is this legal?

Category: Donations
Subcategory: Gifts
Date: 04/07/2025
State: Pennsylvania

Answer:

The legality of your situation depends on whether your wife's friend intended to make an unconditional gift. Generally, when a gift is given and accepted, the donor relinquishes ownership, and the recipient becomes the new owner. Key factors include whether the gift was delivered and accepted without conditions.

Gifts are not treated like contracts because they lack consideration, meaning there’s no exchange of value. Courts typically require proof of a completed delivery and acceptance to establish a gift. If the gift was conditional, the donor might reclaim it if the conditions aren't met.

In Texas, if your wife's friend gave you the table and chairs over a year ago and you accepted them, it’s likely that she cannot legally take them back unless there were specific conditions attached to the gift. If you have relied on the gift in a significant way, that may also support your claim to keep it.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What constitutes a legal gift in Texas?

In Texas, a legal gift requires three elements: the donor's intent to give, delivery of the gift, and acceptance by the recipient. If these elements are met, the recipient becomes the owner, and the donor cannot reclaim the gift unless it was conditional.