Legal question - gifts?

[Yai]

If someone gives you a gift, for example a birhday present, does it become your possesion? If a boyfriend buys his girlfriend something and they end up splitting up, would that gift be legally hers to take with her? Would he have any rights over it? What about gifts given to children by the boyfriend?

I didn't know where to put this, maybe there should be a legal section??

[Maude]

A gift is complete only when it is put into the possession of the donee. However, a gift may be a conditional one, the condition being either express or implied. Thus gifts between engaged couples are not absolute gifts, the gifts and the ring must be returned unless the projected marriage becomes a fact.

[Yai]

Ok Maude, but how would it be proved that the item in question was a gift? For example if it was something like a PC or a book that had been given to the lady by her partner, it wouldn't be as obvious that it was a gift to her, unlike a diamond ring or a dress, as that would be obvious that it wasn't his.

[Hippy]

A gift becomes the property of the gifted person when they accept it and take possession. Before that it belongs to the giver. If the "gift" was say, bought by A and given to and accepted by B but then was used as if it were joint property then I should say that the real situation is joint ownwership as this is how the object was actually used. So here the gift was really only half of the object as A bought it, and allowed A and B to use it in equal measure. Sort out the split for yourself as there will only be further losses by involving Lawyers.

[bigbaldbloke]

From a legal point of view, the crucial area is in what is said. The moment someone (who must be the current owner) tells you that it is yours, the ownership is legally transferred

[AllYourBase]

I think there is a maximum value to a gift given between family members before it becmes tax avoidance. If a big gift (many thousands, a house etc) were being given from say Father to Son, there could be a tax implication.

[Maude]

In the matter of gifts generally the law does not look upon gifts with any great favour, especially if they tend to impoverish the donor. Replying to your specific questions, in the break up of a relationship (of whatever nature, whoever broke it up, for whatever reason) then each must return gifts (because they are conditional gifts - made in expectation of the relationship continuing - as my first answer). Often in determining what is whose it is simply decided by who paid for it. If the boyfriend gave gifts to the girlfriends children (irrespective of who is the father) it is assumed that the girlfriend influenced the boyfriend (by allowing him to think that the relationship would continue) so therefore the gifts are conditional and must be returned to the boyfriend at break-up. Hope this is clear, but if not please ask me further.