Q: I was given a cash gift. months later I was told aggressively to give it back.what can I do legally to stop this
no contract, nothing signed. cash was gift. we went to his bank & he wthdrw $ & handed it to me. when his financial sit has changed he got hostile & decided I should give it back
A:
Under California law, a gift is defined as a voluntary transfer of property from one person to another without expectation of payment or compensation. Once a gift is given, it becomes the property of the recipient. If there was no agreement or condition attached to the transfer of money indicating it was a loan or subject to repayment, then legally, it is considered a gift.
In your situation, since the cash was given to you without any written agreement or condition for repayment, it is recognized as a gift. The giver's change in financial situation or subsequent regret does not change the nature of the transaction from a gift to a loan or something that requires repayment. Therefore, you are not legally obligated to return the gift.
If you're being aggressively pursued to return the money, you have the right to refuse based on the nature of the transaction as a gift. If the situation escalates, you may consider seeking legal advice to explore options for protecting yourself, including but not limited to restraining orders if you feel threatened. It's important to communicate clearly and keep any evidence of the gift (such as messages or witness accounts) that support your claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
