Reclaiming a gift: when this is possible
Once given, gone forever? Not quite. In certain situations you can reclaim a gift wholly or in part, for example if you yourself fall into need or the recipient seriously wrongs you.
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What you should do now
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1. Check the ground
Is there your own impoverishment (§ 528) or gross ingratitude of the recipient (§ 530)?
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2. Mind the deadline
For revocation on grounds of gross ingratitude, a one-year deadline from gaining knowledge of the ground applies.
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3. Assert it in writing
Reclaim the gift in writing, or declare the revocation with reasons.
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4. Advice
Reclaiming is often disputed; get advice, especially with higher values or real estate.
Frequently asked questions
Can I reclaim a gift?
In certain cases yes. If after the gift you yourself fall into hardship and can no longer cover your reasonable maintenance, you can reclaim the gift to that extent (§ 528 BGB). In addition, you can revoke a gift on grounds of 'gross ingratitude' if the recipient wrongs you through a serious offense (§ 530 BGB).
How long do I have for the revocation?
You must declare the revocation on grounds of gross ingratitude within one year of the point at which you gained knowledge of the ground (§ 532 BGB). Reclaiming on grounds of impoverishment is tied to the continuing neediness. Since such cases are often disputed, you should get advice, especially with larger values.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.