united-states common-property gift
Can a Chrismas gift be taken back several years later?
<p>My now ex-girlfriend who does not live with me, yet who has stayed here for several weeks at a time as she resides in another state, gave me a TV for Christmas and, now that the relationship has ended, wants to take it back. Also she took it upon herself to redecorate a bathroom, shower curtain, several towels, a sign and several knick-knacks which she also wants.  Does she have a legal claim to these things?</p>

<p>A <a href="https://en.m.wikipedia.org/wiki/Gift_(law)" rel="noreferrer">gift</a> creates a <em>permanent</em> transfer of title from the giver to the receiver. That is, a gift cannot be taken back. To <em>be</em> a gift there must be:</p>

<ol>
<li><p>Intention of donor to give the gift to the donee (donative intent)</p></li>
<li><p>Delivery of gift to donee.</p></li>
<li><p>Acceptance of gift by donee.</p></li>
</ol>

<p>If, at the time of the gift(s) you and your ex were not living together then there should be no doubt that everything you mention would be a gift.</p>

<p>However, if you <em>were</em> living together then it is not clear that they are. If the TV were wrapped and given on Christmas with a card saying “To you, Love me” then it’s a gift. If it was bought for “our place” then it probably belongs to both of you. Similarly for the bathroom fittings.</p>
