Can someone take a gift bank after a year?

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:

It will be a matter for the court to determine, based on all the facts and circumstances involved, whether the donor intended to unconditionally make a gift. The answer will depend on the circumstances involved, such as the delivery and acceptance of the gift and whether there were any conditions attached to making the gift. Typically, when a gift is delivered by the donor (gift giver) and accepted by the donee (receiver of the gift), the donor has given up rights of ownership and the donee is the new owner. In order to prove a gift was made, there needs to be a completed delivery by the donor and acceptance by the donee. However, a gift may be made conditionally, so that if the conditions aren't met, the gift may be taken away from the done.

Gifts are not enforceable in the same manner that contracts are because they aren't supported by consideration, meaning that they are given without an exchange of something in return. Courts disfavor enforcing a promise to make a gift, and typically require the donee to prove detrimental reliance on the gift in order to enforce the promise. For example, if a person signs a pledge from to donate money to a charity and the charity signs a contract with penalties for cancellation to build a hospital wing based on this promised gift, the gift may be enforced.

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.