I made a gift and now I regret it. I want to undo it and sell the property. What can I do?
This is a situation we come across more often than you might think. Parents sign a flat over to a child, counting on being cared for in old age; grandparents give a house to grandchildren as a gesture of goodwill; and after a while relations sour and the donor starts to regret the decision. The law gives no general “right to think again” here, as it does with certain consumer contracts, but in two specific situations it does allow a gift to be revoked. In this article we explain briefly what those are.
Gross ingratitude: the main route to revocation
Under Article 898 of the Civil Code, a donor may revoke a gift already made if the donee has been grossly ungrateful towards them. This means conduct showing a distinctly high degree of ill will directed straight at the donor — committing an offence to their detriment, say, grossly violating their dignity, or persistently withholding help when the donor needed it, for instance during serious illness. An ordinary family conflict, a quarrel or a temporary deterioration in relations will usually not suffice; the courts take a restrictive view of this ground.
There is only one year in which to revoke a gift on this basis, counted from the day the donor learned of the donee’s ingratitude. After that period the right lapses. It is also worth knowing that if the donor has forgiven the donee, the right to revoke the gift on this ground is lost, no matter how much of the one-year period remains.
The donor’s destitution: a narrower and different route
The Civil Code also provides for a situation in which the donor falls into destitution after making the gift. Under Article 897 the donee is then obliged to provide the donor with the means needed for their maintenance, within the limits of the value by which they are still enriched, but may release themselves from that obligation by returning to the donor the equivalent of that enrichment in money. This is an important distinction: this route does not lead directly to recovering the property itself, only to maintenance payments or a return of value. If what you care about specifically is getting the property back, it is gross ingratitude that matters, not destitution.
What revocation looks like in practice
A gift is revoked by a declaration made to the donee in writing, in accordance with Article 900 of the Civil Code. That, however, is only the first step. Such a declaration does not by itself transfer ownership of the property back to the donor automatically; what is still needed is either the donee’s voluntary agreement and the signing of a deed with them before a notary transferring ownership back, or, if the donee does not agree, bringing an action against them for an order compelling them to make the relevant declaration of will. A final court judgment then substitutes for the missing declaration and forms the basis for entering the donor back as owner in the land and mortgage register. You have to reckon with such court proceedings taking many months if the donee does not agree.
It is also worth remembering that if the donee has managed to sell the property to someone else in the meantime, recovering it in kind may prove impossible, particularly if the new acquirer bought it in good faith. In such situations matters become more complicated still and it is definitely worth taking individual advice from a lawyer.
How we can help
If you are in this situation, we know it can be a difficult and emotionally draining process, often against the background of a family conflict. We will help you understand which route is worth taking and guide you through the steps that follow. And once ownership of the property has been recovered and you simply want to be rid of it, we will gladly buy it from you, quickly and without unnecessary formalities. Write to us and let us talk about your situation.
This article is for general information and does not constitute legal advice. Assessing whether gross ingratitude occurred in a given situation, and choosing the right course of action, requires looking at the specific circumstances of the case, ideally together with a lawyer.