QUESTION
Do I legally have to give a gift back if the owner is now requesting it? How?
Asked on Jun 09th, 2015 on Family Law - Florida
More details to this question:
I was given a piano 2 years ago, the person was moving and could not take it with her. She did not want to just leave it. She in her words wanted it to go to a good home. I told her I would love to have a piano, She is now demanding I give it back to her. Do I have too?
13 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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That would be a no.
Answered on Aug 28th, 2015 at 8:11 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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No. You received the piano as a gift and it is yours to keep.
Answered on Jun 10th, 2015 at 2:58 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If it was a gift, there is no obligation to give it back.
Answered on Jun 10th, 2015 at 12:45 PM
Gifts do not have to be returned as the person given the property is the legal owner. The person who gave you the gift must prove it was not a gift.
Answered on Jun 10th, 2015 at 12:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, a gift once given and delivered transfers the title.
Answered on Jun 09th, 2015 at 4:05 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes, unless you have it in writing that it's a gift.
Answered on Jun 09th, 2015 at 2:58 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If it was a true gift meaning that the giver had the intention to make a gift, and you had the intention to accept it then you would not have a legal duty to return it at the giver's request. But proof may be hard. Does there exist any document from the period when she gave it to you which might help to show that it was a true gift? Not necessarily a deed, but perhaps a mention in a letter or email? Or were there witnesses to the transfer of the piano? Good Luck.
Answered on Jun 09th, 2015 at 2:17 PM
Ronald A. Steinberg
Probably yes, but send her a bill for storage of the piano for 2 years. She probably owes you several hundred dollars.
Answered on Jun 09th, 2015 at 1:25 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, a gift is a gift. Once given, the ownership changes. It's yours now.
Answered on Jun 09th, 2015 at 1:00 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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A gift does not have to be returned. If, however, you were just storing it for her, then the answer would be different.
Answered on Jun 09th, 2015 at 12:48 PM
James Eugene Hasser
A gift is a gift. Once given and accepted, it is yours to do with as you please. Good luck.
Answered on Jun 09th, 2015 at 12:48 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. If she persists, tell her she owes you rent of $50 per month since you started "storing " it.
Answered on Jun 09th, 2015 at 12:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Not if it clearly was a gift....if she was just asking you to "hold" it for her, then yes.
Answered on Jun 09th, 2015 at 12:40 PM