Only exceptionally. A donor may seek return of the gift if the recipient behaves towards the donor or their family in a way that grossly breaches good morals. Ordinary disagreements or a cooling relationship are insufficient: serious or persistent misconduct is required. It is therefore better to protect the donor when making the gift, typically through an easement granting lifetime use.
How is property gifted?
A gift agreement concerning real estate must be in writing (Section 628(2) of the Civil Code), and ownership passes to the recipient only upon registration in the land registry, just as with a purchase. The law also expressly prohibits gifts to be performed only after the donor’s death (Section 628(3)). A “gift upon death” is invalid, and other instruments must be used to arrange property for retirement or between generations.
When can a gift be reclaimed?
A donor may seek return of the gift if the recipient behaves towards the donor or members of the donor’s family in a way that grossly breaches good morals (Section 630). Courts interpret this requirement strictly: ingratitude, ordinary family disagreements or a failure to care for the donor as the donor would wish are not enough. A breach of considerable intensity or persistent misconduct is required, typically physical assault, serious insults or failure to provide necessary help when the donor is dependent on it.
If the conditions are met, a demand for return of the gift restores the donor’s ownership; a court decides any dispute. The donor bears the burden of proof, so the recipient’s conduct must be documented.
Prevention is better than a remedy
A properly structured agreement can prevent most disputes over gifted property. We most often recommend that parents combine a gift agreement with an easement granting lifetime residence and use. The donor’s right to live in the property for life is entered directly in the land registry, protecting them even if the recipient later sells or mortgages the property. A prohibition on disposal and encumbrance or other safeguards may also be considered according to the family situation.
We prepare the gift, easement and registration application as one package: one agreement, one cadastral proceeding and no surprises ten years later.
This answer provides general information on the law as at 21 July 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
