QUESTION

Do you have to give back a cash gift if the giver demands it back?

Asked on Nov 04th, 2020 on Contracts - California
More details to this question:
A relative of mine gave me a cash gift of $2,000 to go towards the purchase of my car. I have since decided to distance myself from said relative, and because of that, they are demanding I pay them the $2,000 in cash now. Is this legal? Do I have to pay them back?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
No, if the judge or jury believes you that it was an unconditional gift, you don't have to return it.  If, however, your relative testifies that it was a loan, or payment for something you were supposed to do (i.e. payment for doing his/her landscaping for the next year) or some sort of conditional gift (i.e. $2,000 if you enrol in college and get your degree), you could lose.  
Answered on Nov 04th, 2020 at 1:35 PM

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